Short-term Let Licensing Policy

1. Policy Statement and Regulatory Approach

1.1. Statutory Basis

North Ayrshire Council (“the Council”) is the Licensing Authority responsible for regulating Short-Term Lets (“STLs”) under the Civic Government (Scotland) Act 1982 (“the 1982 Act”). The Civic Government (Scotland) Act 1982 (Licensing of Short-Term Lets) Order 2022 (“the STL Order”) introduced a mandatory licensing scheme for STL activity in Scotland.

1.2. Why This Policy Exists

This Policy Statement explains how the Council will exercise its licensing functions for STLs in a way that is lawful and consistent with the 1982 Act, the STL Order, the Licensing of Short-Term Lets (Amendment) Order 2024 (“the 2024 Order”), mandatory conditions and Scottish Government guidance. In addition, the Council will apply a transparent and proportionate approach to STLs which also focuses on public safety and community amenity, recognising the role STLs can play in tourism and the local economy.

1.3. Regulatory Principles

In administering STL licensing, the Council will seek to:

• promote guest safety and compliance with mandatory and additional/standard licence conditions;
• support neighbour amenity, including reasonable steps to prevent nuisance, disturbance and antisocial behaviour linked to STL use;
• ensure decisions are fair, evidence-based and properly reasoned; and
• apply the least burdensome approach that still achieves compliance and public protection.

1.4. Key Legislative Updates

The 2024 Order made further technical changes to the legislation and introduced three new application types:

• Provisional STL Licence – for premises that are under construction or not yet in use, allowing early engagement with the licensing system (note: a provisional licence does not authorise operation until it is confirmed);
• Confirmation of Provisional STL Licence – to convert a provisional licence into a full one once the premises are ready and compliant; and
• Transfer of an existing STL Licence – allows an existing licence to be moved to a different person or business, subject to consultation.

1.5. Relationship with Licence Conditions and Annexes

Mandatory licence conditions are set by Scottish Ministers. The Council can also apply additional/standard conditions and other operational annexes (for example, fees, required documentation and compliance/enforcement information). Defined terms are contained in the Definitions annex and may be highlighted throughout this Policy.

1.6. Better Regulation and Proportionality

In exercising its STL licensing functions, the Council will act in a manner that is proportionate, transparent and targeted. The Council will focus regulatory efforts on matters that present the greatest risks to public safety, compliance and residential amenity, and will avoid unnecessary burdens where these are not required to ensure lawful and effective regulation.

1.7. Risk-Based Approach

The Council adopts a risk-based approach to compliance and enforcement. This means that resources and interventions will be directed primarily towards the following areas:

• serious or persistent non-compliance with licence conditions;
• concerns relating to fire safety, building safety or other guest/public safety matters;
• substantiated nuisance, antisocial behaviour or neighbourhood impacts linked to STL use; and
• failure to cooperate with the Council’s reasonable regulatory requirements.

1.8. Supportive Compliance

Where issues are minor, isolated or capable of being promptly resolved, the Council may take a supportive and advisory approach in the first instance, while making clear what is required and the timescales for compliance. This does not prevent formal action where it is necessary or where risks require immediate intervention.

1.9. Escalation and Consistency

The Council will apply a consistent approach, escalating action where appropriate. The Council may move directly to formal action where there is an immediate public safety risk, there is evidence of deliberate or reckless non-compliance, or there is repeated failure to comply after advice or warnings.

2. Processing and Decision-Making

2.1

This Part explains how the Council processes and determines applications for STL licences, including the use of delegated powers, consultation and public notification (where required), and the circumstances in which an application will be determined by the Licensing Committee.

2.2. Delegated Powers

Applications for STL licences will normally be determined by authorised Council officers under delegated powers. An application may be granted without referral to the Licensing Committee where:

2.3. Application Requirements

Applicants must submit the information and supporting documents required by the STL Order and by the Council’s published application requirements. The Council’s application checklist is set out in Annex D (Application Requirements and Checklist). An application will not normally be treated as valid, or progressed to determination, until it is complete and the applicable fee has been paid.

2.4. Referral to the Licensing Committee

An application will normally be referred to the Licensing Committee where any of the following applies:

2.5. Consultation

The Council will consult relevant bodies such as Police Scotland and the Scottish Fire and Rescue Service, together with any relevant internal services (for example, Housing, Environmental Health or Building Standards where appropriate). The Council will also carry out any public notification and representation procedures required by the statutory framework for the relevant application type.

2.6. Public Notification and Representations

Where the statutory framework requires public notification, the Council will take the required steps (for example, site notice and/or other publication requirements) to allow representations or objections to be made within the statutory period. Only competent and material objections or representations will be taken into account.

2.7. Statutory Presumption and Grounds for Refusal

In determining an application, the Council must grant the application unless it is satisfied that one or more of the statutory grounds for refusal apply (including those in the 1982 Act and Schedule 1). Grounds include (amongst others) whether:

2.8. Decision-making approach

In determining an application, the Council will have regard to the statutory framework, this Policy, consultation responses and any competent objections/representations. Decisions will be evidence-based, proportionate and reasoned, with each case assessed on its own merits.

2.9. Hearings: Attendance and Representation

Where an application is to be considered by the Licensing Committee, the Council will issue a hearing date (or confirm the date already fixed) and will provide the relevant papers in advance. The applicant will be given an opportunity to attend, be represented and/or submit a written statement. The Council will confirm how and when submissions should be made as part of the hearing arrangements.

2.10. If You Do Not Attend

If you do not attend, are not represented and do not submit a written statement, the Committee may still determine the application. Applicants should note that, under the 1982 Act, failure to follow the procedures for stating your case to the Council may affect how any appeal is considered.

2.11. Possible Outcomes

Following consideration, the Council (or the Committee, where applicable) may:

2.12. Decision notice and reasons

The Council will notify applicants of its decision in writing. Where an application is refused (in whole or in part) or granted subject to conditions, the decision notice will provide reasons and will include information about the statutory appeal route.

2.13. Fairness and conduct

In assessing an application, members of the Licensing Committee will have regard to the Councillors’ Code of Conduct issued by the Standards Commission for Scotland, including the need to ensure a fair hearing and to avoid any suggestion of bias or pre-judgement.

2.14. Declaration of interests and impartiality

Members of the Committee may declare an interest and choose not to participate in the decision-making of any licensing matter in respect of which they have had prior involvement, where they consider this could compromise impartiality.

2.15. Further guidance

Applicants should refer to the Council’s guidance note “Advice for going to a Licensing meeting”, which provides practical information on hearings and how to prepare.

3. Scope and How to use this Policy

3.1

This Policy sets out North Ayrshire Council’s approach to the administration, assessment and determination of applications for STL licences and to compliance and enforcement in respect of licensed premises. It explains how the Council will apply the statutory licensing framework to STLs in North Ayrshire in a way that is transparent, proportionate and consistent.

3.2. Legislation and Guidance

This Policy should be read alongside the 1982 Act, the STL Order and the 2024 Order, the mandatory licence conditions prescribed by Scottish Ministers and relevant Scottish Government Guidance. This Policy does not override legislation and where there is any inconsistency between this Policy and the statutory framework, the statutory provisions take precedence.

3.3. Who is Covered?

This Policy applies to:

• applicants for STL licences (including all other types of STL licences which fall under this legislation);
• licence holders and anyone managing or operating a STL on their behalf; and
• interested Parties and responsible authorities who may make representations, objections or provide consultation responses as Part of the licensing process.

3.4. Wider Regulatory Framework

STL licensing is one part of the wider regulatory framework affecting premises used for visitor accommodation. This Policy deals with the Council’s functions as licensing authority under the 1982 Act. It does not remove the need to comply with other legal requirements, which may include (where relevant) planning control, building standards, fire safety legislation and House in Multiple Occupation (HMO) licensing. Applicants and licence holders are responsible for ensuring that all necessary permissions, approvals and safety requirements are in place.

3.5. Decision-making and Supervision

In considering applications and supervising licensed premises, the Council will:

• apply this Policy alongside the statutory grounds for refusal and the mandatory and standard conditions;
• take account of relevant evidence, including consultation responses and any competent and material representations or objections;
• make decisions that are proportionate to the risks identified and which protect public safety and amenity; and
• ensure that decision making is fair and transparent, including providing reasons, where required.

3.6. Structure and Supporting Annexes

The main text of this Policy explains the Council’s approach to applications, procedure, decision making, conditions and enforcement. Supporting materials such as standard conditions are set out in the annexes.

3.7. Updates

Where annexes are updated from time to time (for example, to reflect updates in guidance or operational processes), the Council will ensure this Policy and associated materials remain current and consistent with the statutory framework.

4. Short-term Lets: Meaning and Key Terms

4.1. Statutory Meaning of a Short-Term Let (STL)

For the purposes of this Policy, a Short-Term Let (STL) has the meaning set out in the Civic Government (Scotland) Act 1982 (Licensing of Short-Term Lets) Order 2022 (as amended).

4.2. General Meaning

In general terms, a STL involves providing residential accommodation to a guest, in the course of business, for commercial consideration, where the arrangement does not fall within an exemption or exclusion under the STL Order.

4.3. Determining a STL

In deciding whether an arrangement amounts to a STL (and what type of STL it is), the Council will consider the facts and circumstances of the accommodation and the way it has been made available, not just how it is described in advertisements, booking platforms or agreements. The grant, renewal, confirmation or transfer of a STL is without prejudice to planning control and does not constitute planning permission or confirmation that the premises may lawfully be used as a STL under planning legislation.

4.4. STL Types

For licensing purposes, the STL Order defines the types of STL as one of the following:

The application form will ask the applicant to select the relevant type of STL. The licence (once granted) will specify the authorised STL types.

4.5. Change of Circumstances

If the way a premises is used changes (for example, the operator moves in/out, the nature of use changes or the operator proposes to operate under a different STL type), the licence holder should contact the Council to discuss whether an application is required to vary the STL type authorised within the licence.

4.6. Exemptions and Exclusions

A STL licence is not required where the arrangement does not meet the definition of a STL or where it falls within an exemption or exclusion in the STL Order. This includes “excluded accommodation” and “excluded tenancies” as set out in Schedule 1 to the STL Order.

4.7. Immediate Family Member Exemption

For the avoidance of doubt, where accommodation is provided only to an immediate family member of the host, the arrangement does not amount to a STL for the purposes of the STL Order. Where this applies in any case depends on the statutory definition and the facts and circumstances of the arrangement.

4.8. Applicant Responsibility

It is the responsibility of applicants and licence holders to satisfy themselves that a STL is required (and if so, what type of STL applies). Where an applicant considers that an exemption or exclusion applies, they should ensure they have appropriate supporting information available.

4.9. Legal Advice

Whether a particular arrangement is exempt, or whether accommodation/tenancies are excluded, depends on the facts and the legal circumstances around the particular arrangement. The Council cannot provide legal advice on whether premises are exempt or excluded from requiring a STL licence. Applicants and licence holders should obtain their own independent legal advice, where required.

4.10. Defined Terms

Key terms used in this Policy are set out in Annex A (Definitions) and should be referred to for further consideration.

4.11. Legislative Changes

Summaries and examples in this Policy reflect the STL Order as at the date this Policy is published. Where any summary or term in this Policy differs from the statutory definition in the STL Order (or subsequent relevant legislation), the statutory definition shall prevail.

5. Licence Duration and Renewal

5.1

This Part sets out the Council’s Policy on the period for which a STL licence will have effect; the Council’s general approach to renewal and the circumstances in which the Council may consider a shorter duration appropriate. This Part should be read alongside Part 2 (Processing and Decision-Making), which explains how applications are processed and determined and Part 6 (Licence Conditions).

5.2. Duration of Licence

A STL licence granted by the Council will normally have an effect for a period of three years from the date it comes into force, unless the Council determines that a shorter duration is appropriate in the circumstances of the case.

5.3. Renewal Period

On renewal, the Council will normally renew a STL for a further period of three years, although each case will be determined on its own merits. The Scottish Government’s guidance encourages renewals for a period of three years unless there are good reasons to do otherwise.

5.4. Shorter Duration

The Council may grant or renew a STL licence for less than three years where it is deemed proportionate and appropriate on the facts and circumstances of the individual case. The Council may consider a shorter duration where, for example, there is/are:

• substantiated or recurring complaints or concerns (including noise, nuisance or anti-social behaviour);
• history of non-compliance with licence conditions or relevant safety requirements;
• adverse consultation information which justifies an earlier review;
• additional conditions imposed to mitigate particular risks which prompts an earlier review; or
• other case-specific factors indicating closer oversight is required.

5.5. Renewal Applications Lodged Before Expiry

Where an application for renewal is made before the licence expires, the existing licence will continue to have effect until the renewal application is determined in accordance with the statutory framework and the Council’s processes.

5.6. Late Renewals

It is the licence holder’s responsibility to ensure that an application to renew a STL licence is submitted before the licence expires. The Council’s position is that renewal applications must be made timeously and the Council will not accept late applications as a renewal. Where a licence has expired, the licence holder must submit a new application for a STL licence and not operate the premises as a STL during the period that there is not a licence in force.

5.7. Commencement of a STL Licence

Applicants must not operate a premises as a STL until the licence is in force. In some circumstances (for example, where there are objections made to the application), there may be a delay in the licence coming into force and applicants should follow the effective date shown on the licence once received.

5.8. Death of a Licence Holder

In the event of the death of a licence holder, the licence is deemed to be transferred to the licence holder’s executor(s) for a period of three months. The executor period may be extended where the Council is satisfied that the extension is necessary for the purpose of winding up the deceased’s estate. The executor(s) of an estate should notify the Council as soon as reasonably practicable and may be asked to provide evidence of their status (which may include copies of the deceased’s death certificate and their Will).

5.9. Joint Licence Holders

Where a STL licence is held jointly and one joint holder ceases to be a licence holder for any reason, the licence will continue in force as if held by the remaining licence holder for a period of six weeks from the date of cessation. The remaining licence holder must notify the Council immediately and must make any required application within the six week period. If no appropriate application is made within the six-week period, the licence will automatically cease to have effect and the premises must not be operated as a STL.

5.10. Surrender of Licence

A licence holder may surrender a STL licence at any time by giving the Council written notice of surrender and returning the licence (where requested). Surrender takes effect on the date the Council records the surrender (or such other date as may be agreed in writing).

5.11. Provisional Licences

Where a provisional STL licence is granted, it is of no effect unless and until it is confirmed by the Council. A provisional STL is treated as revoked automatically if it is not confirmed within 3 years from the date it was issued. This means the provisional licence will cease to exist at the end of that period if confirmation has not been secured.

5.12. Incapacity and Authorised Representatives

Where a licence holder becomes unable to manage their affairs (for example, due to incapacity), the Council will deal with communications and requests relating to the licence through a person with lawful authority to act on the licence holder's behalf (such as relevant powers under a valid Power of Attorney or a court-appointed guardian), subject to the production of satisfactory evidence of that authority. The Council may request updated information about management arrangements, contact details and day-to-day responsibility for compliance purposes.

Where the intention is that a different person or entity will operate the STL going forward (as opposed to simply acting for the existing licence holder), the appropriate application route under the STL licensing scheme must be followed. The Council expects the representative of the existing licence holder to notify the Council as soon as reasonably practicable of any such change. Failure to notify the Council of changes to control or management of the premises may be treated as a compliance matter.

5.13. Additional Information

Nothing in this Policy (including this Part) creates any entitlement to the grant or renewal of a STL licence, the duration of the licence or to any particular outcome. Each application will be determined on its own merits in accordance with the statutory framework, any relevant evidence, consultation responses and any relevant representations or objections.

For the avoidance of doubt, premises must be operated strictly in accordance with the STL licence. Premises must not be operated a STL at any time when a licence is not in force (including where a licence has expired, has been surrendered or revoked, has not yet come into force or where a provisional licence has not been confirmed). Any operation without a valid licence may be treated as unlicensed activity and constitute a criminal offence under section 7 of the Civic Government (Scotland) Act 1982 and may be reported for enforcement action. The Council may also take such unlicensed activity into account when determining any future application or renewal for the premises or operator.

6. Licence Conditions (Mandatory and Standard)

6.1

This part sets out the Council’s approach to licence conditions for STLs, including the mandatory conditions prescribed by Scottish Ministers, the Council’s standard conditions and the circumstances in which additional conditions may be applied to individual licences.

6.2. Mandatory Licence Conditions

All STL licences granted by the Council are subject to the mandatory licence conditions prescribed by the Scottish Ministers under the 1982 Act, the STL Order and the 2024 Order. The mandatory conditions are set out in Schedule 3 of the STL Order. The Council has no discretion to remove or vary mandatory conditions and where there is any inconsistency between this Policy and the statutory provisions, the statutory provisions take precedence.

6.3. Standard Conditions

In addition to the mandatory conditions, the Council will apply standard STL conditions, which are intended to promote consistent regulation across North Ayrshire and to support public safety, residential amenity and regulatory compliance. The Council’s standard conditions are further explained in Annex C.

6.4. Additional Conditions

The Council may attach additional or bespoke conditions to a STL licence where it considers this is necessary and proportionate to the statutory framework, the facts and circumstances of the case, consultation responses, relevant representations/objections and any identified risks.

6.5. Compliance and Enforcement

Licence holders must comply with all mandatory and standard conditions along with any additional conditions attached to the licence. Conditions are enforceable and failure to comply may result in enforcement action, including a review of the licence, variation, suspension or revocation and may also be relevant to the determination of any future application or renewal.

6.6. Updating Standard Conditions

The Council may update its standard conditions from time to time to reflect changes in legislation, Scottish Government guidance and operational experience. Where standard conditions are updated, they will apply to new applications and to all renewal applications and other application types determined on or after the date on which the updated conditions take effect.

7. Maximum Occupancy and Use of Premises

7.1

This part sets out the Council’s approach to maximum occupancy and the use of premises listed as STLs. It should be read alongside Part 6 (Licence Conditions).

7.2. Maximum Occupancy

The Council will specify the maximum number of guests permitted to use the premises at any one time (“maximum occupancy”) on each STL licence. Maximum occupancy will be determined on a case-by-case basis, having regard to factors such as:

• the size, layout and condition of the premises (including sleeping accommodation and sanitary facilities);
• relevant fire safety and other safety requirements;
• the nature of the building (for example, tenement, flatted block, terraced or detached property) and any shared or common areas; and
• the potential impact on neighbours and residential amenity.

Maximum occupancy is a mandatory licence condition under Schedule 3 of the STL Order. Licence holders must ensure that the number of guests does not exceed the maximum occupancy specified on the licence.

7.3. Children

For the purposes of calculating maximum occupancy under this Policy, children under 10 years of age will not be counted towards the maximum number of guests, unless otherwise expressly stated on the licence. In adopting this approach, the Council has had regard to the treatment of children within Part VII of the Housing (Scotland) Act 1987. This does not remove the requirement for the premises to be safe and suitable for occupants of all ages. When assessing the appropriate maximum occupancy number for a particular premises, the Council may take account of the likely presence of children and may, where necessary in the interests of safety or amenity, set a lower maximum occupancy number than would otherwise apply.

7.4. Use of Premises and Guest Conduct

STL premises must be used in a way that is consistent with the terms of the licence and all licence conditions. Licence holders are responsible for taking reasonable steps to ensure that guests and any visitors use the premises in a way that does not cause undue disturbance, nuisance or inconvenience to neighbours or other persons in the locality.

7.5. Varying Maximum Occupancy

Where a licence holder wishes to increase or decrease the maximum occupancy, they must apply to the Council for a variation of the licence. Any such application must be supported by sufficient evidence to allow the Council to assess the impact of the proposed change. The factors set out in 7.2 will be considered as part of the determination of the application.

8. Temporary Exemptions and Temporary Licences

8.1

This Part explains the statutory powers available to the Council in relation to temporary exemptions from the requirement to hold a STL licence and where applicable, the grant of temporary STL licences for short, time-limited periods.

8.2. Temporary Exemptions

Under article 4 of the STL Order, the Council may grant a temporary exemption from the requirement to have a STL licence for a period not exceeding 6 weeks in any period of 12 months. The Council will not grant temporary exemptions from the requirement to hold a STL licence and this Policy does not provide for the use of the temporary exemption power and no expectation should be formed that any STL activity will be permitted on that basis.

8.3. Temporary Licences

Under the 1982 Act, the Council has the power to grant temporary licences for certain activities for limited periods. The Council’s Policy is to make use of this power for STLs in strictly controlled circumstances, where a short, time-limited period of operation is proposed.

8.4

Temporary STL licences are discretionary. There is no entitlement to a temporary licence and the Council may refuse an application where it considers the risks to public safety or residential amenity are unacceptable or where a full STL licence is more appropriate.

8.5. Duration and Conditions of Temporary STL Licences

A temporary STL licence will be granted for a specified period only and will not have effect for longer than 6 weeks (within any 12-month period) in line with the maximum duration permitted under the 1982 Act. A temporary STL licence is not capable of renewal. Where an application has also been made for a full STL licence for the same premises, any temporary STL licence (if granted) will continue to have effect until the full application has been determined, unless it is earlier suspended or revoked or the 6-week period has expired.

Temporary STL licences will be subject to mandatory conditions set out in Schedule 3 of the STL Order and any such standard or additional conditions as the Council considers necessary and proportionate in the circumstances of the case.

8.6. Criteria for Granting a Temporary STL Licence

The Council will take a restrictive approach to temporary STL licences. Without prejudice to its discretion in individual cases, a temporary STL licence will only be considered where all of the following apply:

A temporary STL licence will not be granted where the Council considers that the application is being used to circumvent the requirement to obtain a full STL licence, to avoid or mitigate the effect of enforcement action, or to continue operating where a full STL licence has been refused, suspended or revoked. Any issues arising during the operation of a temporary STL licence may be taken into account in determining any subsequent application for a full STL licence or renewal.

8.7. Effect on Future Full STL Licence Applications

The grant of a temporary STL licence does not create any expectation that a full STL licence will be granted for the same premises. Any subsequent application for a full STL licence will be determined on its own merits in accordance with this Policy and the statutory framework.

In determining a full STL application or renewal, the Council may have regard to the way in which any temporary STL licence was operated including compliance with the mandatory, standard and additional conditions, any subsequent complaints and any concerns raised by consultees or enforcement bodies during the period of the temporary licence.

Where relevant and significant issues arose during the operation of a temporary STL licence, this may weigh against the grant of a full STL licence or may justify additional or more restrictive conditions being opposed on the licence.

9. Provisional Licences and Confirmation

9.1

This Part sets out the Council’s approach to provisional STL licences and confirmation of provisional STL licences, introduced by the 2024 Order. This route is intended to allow early engagement with the STL licensing scheme where premises are not yet ready to operate as a STL.

9.2. What is a Provisional Licence?

A provisional STL licence is intended for a new host building accommodation that is proposed to be used as a STL, where the premises are not yet ready to operate because construction (or equivalent works) is not complete. A provisional licence allows the Council determine the application before construction is complete but it is of no effect unless and until it is confirmed in accordance with the statutory process.

A provisional licence may be appropriate where the premises are not yet capable of compliant STL operation at the time of the application, for example where premises are under construction, conversion, refurbishment or significant alteration.

Unless the statutory framework provides otherwise, provisional licence applications and confirmation applications are assessed using the same overarching approach as other STL applications, including consultation, decision-making processes and consideration of suitability and compliance.

9.3. Provisional Planning Certificate

In terms of paragraph 7A(5) of the STL Order, a provisional STL licence application must be accompanied by a provisional planning certificate in respect of the premises.

For the purposes of the scheme, “provisional planning certificate” has the meaning set out in paragraph 7A(9), namely a certificate signed on behalf of the appropriate authority stating either: (a) that planning permission, planning permission in principle or outline planning permission under the Town and Country Planning (Scotland) Act 1997 has been obtained in respect of the construction of the premises; or (b) that no such planning permission is required.

In this context, the “appropriate authority” for a provisional planning certificate is the planning authority for the area in which the premises are situated, as provided for in paragraph 7B(7)(a).

9.4. Planning Status and Certificates

Where a planning certificate is required (including a provisional planning certificate), it is the applicant's responsibility to provide the required certificate and any supporting evidence. The Council’s consideration of planning status for STL licensing purposes is limited to confirming that the required certificate and/or evidence has been provided and is consistent with publicly available planning records. The grant or confirmation of a STL is without prejudice to planning control and does not constitute planning permission or confirmation that the premises may lawfully be used as a STL under planning legislation.

9.5. Mandatory and Other Conditions at Provisional Stage

A provisional licence is subject to the mandatory licence conditions as well as the standard conditions and any other additional conditions which the Council considers is necessary and proportionate in the circumstances of the case.

9.6. Effect of a Provisional Licence

A provisional licence does not authorise the premises to be operated as a STL unless and until the licence is confirmed. The premises must not be used for STL operation until confirmation has been granted in accordance with the statutory framework.

9.7. Requirement to Apply for Confirmation

Where a provisional licence has been granted, the licence holder must apply to the Council for confirmation before the premises may be operated as a STL.

9.8. Council Satisfaction

The Council must confirm the provisional licence where it is satisfied that, following completion of the construction (or equivalent works), the licence holder would be able to comply with the applicable licence conditions.

9.9. Confirmation Application

An application for confirmation must be accompanied by:

9.10. Conditions Applied at Confirmation Stage

The Council may set additional conditions at the confirmation stage where it is considered necessary and proportionate, in accordance with the statutory framework.

9.11. Term of Confirmed Licence

Where confirmation is granted, the Council will advise the licence holder of the period for which the confirmed STL licence has effect, in accordance with the statutory framework and the Council’s Policy on licence duration.

9.12. Time Limit for Confirmation

A provisional licence is treated as revoked if it is not confirmed within 3 years of the date of issue. The Council may extend this period only where it is satisfied that completion of the construction has been delayed by factors out with the licence holder’s control (for example, circumstances beyond the licence holder’s reasonable ability to prevent or remedy). Any request for extension should be made as soon as reasonably practicable and should include supporting information.

10. Transfer of a STL Licence

10.1. What is a STL Transfer?

A transfer of a STL licence allows an existing licence to be moved from the current licence holder to another person or business (the “transferee”), through the statutory transfer process introduced by the 2024 Order. A transfer may be appropriate where, for example, the STL premises is sold and the parties wish continuity of STL operation to maintain bookings or the licence holder changes for another reason, such as a business sale or restructuring.

A transfer changes the name of the licence holder and therefore who is responsible for compliance. It does not remove the requirement to comply with the statutory framework, mandatory conditions, the Council’s standard conditions and any additional conditions attached to the licence.

10.2. No Automatic Right of Transfer

A transfer is not automatic and the Council will determine any transfer applications in accordance with the statutory framework, including consultation with Police Scotland and consideration of any competent objections or representations made by the Chief Constable.

10.3. When is a Transfer Not Required?

A transfer is not usually required where there is no change to the legal identity of the licence holder (such as a company remaining the same legal person). Licence holders should nonetheless ensure that the Council is notified of any relevant updates in relation to contact or management details.

10.4. Who Should Apply for the Transfer?

The current STL licence holder must make the transfer application to the Council (or alternatively, a person properly authorised to act on their behalf). In the process of the transfer application, the proposed new licence holder is the transferee. If the transfer is granted, the transferee becomes responsible for compliance with the licence and its conditions.

10.5. Required Accompanying Information

A transfer application must include the following, as applicable:

The Council will take a proportionate approach to what it reasonably requires for a transfer. The transfer is intended to be a timely statutory process and as such, the Council will not routinely require the resubmission of full documentation which would normally be required for a new grant. However, targeted information may be requested where relevant to the transfer.

10.6. Consultation and Determination

On receipt of a valid transfer application, the Council must notify the Chief Constable of Police Scotland and provide a copy of the application and any relevant supporting information. The Chief Constable may make objections or representations within 28 days of receiving notice of the application. If the Chief Constable makes no objection or representation within the statutory period, the Council must grant the transfer application. If objections or representations are made by the Chief Constable, the Council will refer the case to Licensing Committee for determination. Transfer applications are determined under the statutory transfer procedure and no not involve the public notification/objection process (such as a site notice).

10.7. Continuity and Duration of the Licence

Where a transfer is granted, the transferee becomes the licence holder and the existing licence remains in force, subject to its conditions. The transferee is then responsible for compliance with the mandatory conditions, standard conditions and any additional conditions attached to the licence. The duration or remaining term of the licence is not altered by a transfer. The transferee will be required to apply for a renewal of the licence at the point the existing licence would otherwise have expired.

10.8. Responsibility Pending Transfer

Until a transfer is granted and is in force, the STL licence remains in the name of the existing licence holder, who remains responsible for compliance with all applicable conditions and legal requirements.

The Council expects the outgoing licence holder and transferee to ensure there is no gap in responsibility for guest safety information, contact arrangements, complaints handling, record keeping and compliance with any other licence conditions during the handover.

11. Amendments and Variations

11.1

This Part sets out the Council’s approach to changes to an existing STL licence after it has been granted, including the distinction between amendments and variations, the information to be provided, and the route for determination.

11.2. Statutory Context and Council Terminology

Under the 1982 Act, changes to a licensed STL may engage Schedule 1, including paragraph 9 (notification of changes / material changes) and paragraph 10 (variation of licences).

For the purposes of this Policy, the Council uses the term “amendment” to describe certain changes to an existing STL licence or licence record which the Council is satisfied can be dealt with through the Council’s amendment process.

The term “variation” is used where formal determination is required, including changes to licence conditions and other material changes which the Council considers cannot appropriately be dealt with as an amendment.

11.3. Amendments

An amendment is a request to change an existing STL licence where the change relates to the licensed operation, premises details, management arrangements, or other information held by the Council, and where the Council is satisfied that the matter can be dealt with as an amendment.

A request may still be treated as an amendment even where the change is significant in practice, provided the Council is satisfied that formal variation is not required in the circumstances.

11.4. Examples of Amendments

Without limitation, the Council will normally treat the following as amendment requests (subject to the circumstances of the case):

11.5. Variations

A variation is a request which requires formal determination by the Council because:

This includes cases where a request is presented as an amendment, but the Council considers that the nature, scale or effect of the proposed change requires formal consideration as a variation.

11.6. Examples of Variations

Without limitation, the Council will normally treat the following as variation requests:

11.7. Council Power to Determine the Appropriate Route

The Council will determine whether a request is to be processed as an amendment or a variation. In doing so, the Council will have regard to the nature and effect of the proposed change, including whether it can properly be dealt with as an amendment or whether formal variation is required.

Where an applicant submits a request as an amendment but the Council considers that variation is required, the Council may require the request to proceed as a variation (or otherwise advise the applicant of the correct route).

Similarly, where a request is submitted as a variation but the Council considers it can properly be dealt with as an amendment, the Council may process it as an amendment.

11.8. Information and Supporting Documents

Applicants must provide sufficient information to allow the Council to assess the proposed change and determine the appropriate route. Depending on the nature of the request, this may include:

The Council may decline to process a request until sufficient information has been provided.

12. Fees and Charges

12.1

This Part explains the Council’s approach to fees for STL licence applications and related application types within the STL licensing scheme. It should be read alongside Annex B (Fees Table), which sets out the current fees.

Fees are charged in accordance with paragraph 15 of Schedule 1 to the 1982 Act (as applied and amended for the STL licensing scheme). The Council will set and apply fees in accordance with the requirements of that paragraph.

In setting fees under paragraph 15, the Council may take account of the costs associated with administering and operating the STL licensing scheme. This may include (where relevant) processing applications, statutory consultations, any required public notification/representation procedures, hearings and committee administration, and compliance activity associated with the licensing regime.

12.2. Types of Fee

Fees may differ depending on the application type and the work involved, for example:

12.3. When Fees are Payable?

Fees are payable at the point of application unless the Council specifies otherwise. An application will not normally be treated as valid, or progressed to determination, until the applicable fee has been paid and the application contains the information required by the statutory scheme.

12.4. Current Fees

The Council’s current STL licensing fees are published on the Council’s website and are referenced in Annex B (Fees Table). The Council may update the published fees from time to time in accordance with the statutory framework.

12.5. Refunds, Withdrawals and Invalid Applications

Where an application is withdrawn, is found to be invalid, or is refused, the Council will apply its approach to refunds (if any) in accordance with paragraph 15 of Schedule 1 and the Council’s published fee arrangements. Where the statutory scheme provides for circumstances in which an application is not to attract a further fee (for example, where an application is refused to be considered on specified statutory grounds and is resubmitted), the Council will apply the relevant provisions of paragraph 15.

12.6. Valid Applications

For the avoidance of doubt, payment of the fee does not of itself make an application valid. Applicants must also provide the information and supporting documents required by the STL Order and by Annex D (Application Requirements and Checklist).

12.7. Non-payment and Outstanding Fees

Where a fee remains unpaid, the Council may treat the application as not duly made and may take no further action until payment is received. Where additional sums become due under the statutory scheme, the Council will notify the applicant accordingly.

12.8. Annual Review

The Council will review STL licence fees annually and will publish the current fees (and any updates) on the Council’s website, including within Annex B (Fees Table) as updated from time to time.

13. Control Areas and Overprovision

13.1

The Council does not currently have a designated STL control area and has not adopted an overprovision assessment approach for STL licensing. This Part explains (i) how control areas and overprovision operate within the statutory regime, and (ii) the Council’s approach should either be introduced or applied in North Ayrshire in future. Unless and until a control area is designated and/or the Council adopts an overprovision approach in accordance with the relevant statutory provisions, STL licence applications will be determined on their own merits in line with this Policy and the statutory grounds of refusal.

13.2. Control Areas

A STL control area is a designation made by the Council under section 26B(1) of the Town and Country Planning (Scotland) Act 1997, which allows the Council to designate all or part of its area as a control area.

The effect of designation is set out in section 26B(2): within a control area, use of a dwellinghouse for the purpose of providing STL is treated as involving a material change of use for planning purposes. This means it is treated as “development” under planning legislation and will therefore normally require planning permission.

13.3. Effect of a Control Area

Where a control area is designated, planning permission is generally required for secondary letting within that area. This is a matter for the planning system and any relevant planning guidance issued by the Scottish Government.

13.4. Licensing and Planning

STL licensing under the 1982 Act operates separately from planning control. The grant, renewal, confirmation, variation or transfer of a STL licence does not constitute planning permission or confirmation of planning compliance. Licence holders remain responsible for ensuring they have any permissions required under planning legislation.

The STL Order includes specific mechanisms linking licensing decisions to planning status (for example, the provisional licence process requires a provisional planning certificate and later confirmation).

Where the legislation requires the Council to take account of planning permission (or absence of it), the Council will apply the relevant provisions of the STL licensing scheme.

13.5. Overprovision

The STL licensing scheme includes an overprovision ground which applies only to secondary letting. This is achieved by modifications to paragraph 5 of Schedule 1 to the 1982 Act.

In particular, the scheme provides that the Council may refuse an application for a licence for secondary letting if it considers that there is (or would be, if the licence were granted) overprovision in the locality in which the premises is situated (and it is for the Council to determine the localities for that purpose).

Scottish Government guidance makes clear that overprovision is only relevant to secondary letting, and licensing authorities cannot consider overprovision when determining applications for home sharing or home letting.

13.6. Assessing Overprovision

Unless and until the Council adopts a specific approach on overprovision for secondary letting, applications will continue to be determined on their own merits in accordance with the statutory scheme. There is no current presumption that any locality within North Ayrshire is overprovided.

If the Council were to consider adopting an overprovision approach, it would be evidence-led and may consider (where appropriate):

13.7. Review and Future Adoption

The Council may keep the position on control areas and overprovision under review. Any future proposal to introduce or apply an overprovision approach for secondary letting would be subject to appropriate internal governance and would be implemented transparently and in a manner consistent with the STL licensing scheme.

14. Equality and Accessibility

14.1

This Part sets out the Council’s approach to ensuring that the administration and determination of STL licence applications is fair, accessible and consistent with the Council’s equalities duties and human rights obligations. It applies to the processing of applications and to decision-making by officers under delegated powers and by the Licensing Committee.

14.2. Equality Duties

In exercising its functions under the STL licensing scheme, the Council will have due regard to the public sector equality duty in section 149 of the Equality Act 2010. This includes the need to:

14.3. Inclusive and Accessible Service

The Council will seek to ensure that information about the STL licensing scheme is provided in a clear and accessible manner. Where appropriate, the Council will offer alternative communication formats and practical support to assist applicants and participants to engage with licensing processes.

14.4. Reasonable Adjustments

The Council will make reasonable adjustments for disabled people where required, to remove barriers to accessing licensing services and to participating in licensing proceedings. Adjustments may include (where appropriate and practicable within the statutory scheme):

14.5. Fair Process

The Council will apply fair procedures when processing STL applications and when determining applications by committee. Where an applicant (or other party entitled to be heard) has a right to be heard, the Council will ensure that an appropriate opportunity is provided, and that decisions are taken on the basis of relevant evidence and the statutory scheme.

14.6. Human Rights Compatibility

In carrying out its STL licensing functions, the Council will act compatibly with Convention rights under the European Convention on Human Rights, as given effect by the Human Rights Act 1998. Where relevant, the Council will have regard to proportionality when taking decisions that may affect Convention rights, including decisions relating to the grant, renewal, variation, transfer, suspension or revocation of a STL licence.

15. Data Protection and Information Sharing

15.1

This Part explains how the Council will process information in connection with the STL licensing regime under the 1982 Act, the STL Order and the 2024 Order. It covers data protection, publication of licensing information and information sharing with relevant partners. It should be read alongside the Council’s published privacy notice.

15.2. Data Protection

The Council will process personal data in connection with STL licensing in accordance with applicable data protection legislation, including the UK GDPR and the Data Protection Act 2018. The Council will seek to ensure that information is processed lawfully, fairly and transparently; used only for legitimate purposes; kept accurate and up to date; and retained only for as long as necessary.

15.3. Information Collection and Use

Information processed by the Council in connection with STL licensing may include (where relevant): application details; identity and contact information; premises and operating information; safety documentation; consultation responses; objections/representations; hearing papers; decisions and reasons; compliance and enforcement information; and related correspondence. Information may be used for the purposes of administering and determining applications, maintaining licensing records, and supporting compliance and enforcement activity under the 1982 Act, the STL Order and the 2024 Order.

15.4. Publication of Information

The Council will publish and make available licensing information to the extent required by the 1982 Act and the STL Order, and in accordance with the Council’s published arrangements. This may include maintaining a public register and publishing licensing decisions and related information where required or appropriate for transparency and accountability. The Council will seek to publish only the information that is required or appropriate, having regard to data protection requirements.

15.5. Information Sharing and Partnership Working

The Council may share information with relevant bodies where lawful and necessary for the purposes of administering and enforcing STL licensing. This may include sharing information with Police Scotland, the Scottish Fire and Rescue Service, and relevant internal Council services (for example, Environmental Health, Housing, Building Standards and Planning). The Council may also share information where required to do so by law, including in response to lawful information requests.

15.6. Freedom of Information and Redaction

The Council will consider whether information requires to be withheld or redacted in accordance with applicable legislation, including the Freedom of Information (Scotland) Act 2002 and data protection legislation, and the circumstances of the case.

15.7. Applicant Responsibilities

Applicants and licence holders are responsible for ensuring that information provided to the Council is accurate and complete. Where supporting documents include personal data relating to third parties, applicants must ensure that such information is provided lawfully and only to the extent necessary.

15.8. Privacy Notice

Further information about how the Council processes personal data, including lawful bases, retention periods and individuals’ rights, is set out in the Council’s published privacy notice, which may be updated from time to time.

16. Management and Operating Standards

16.1

This Part sets out the Council’s expectations of licence holders in relation to the safe, responsible and well-managed operation of a STL. It should be read alongside the mandatory and standard licence conditions under the 1982 Act and the STL Order, and Annex C (Standard Licence Conditions).

16.2. General Duty

Licence holders are expected to take all reasonable steps to ensure that the STL is operated safely and responsibly, that guests are appropriately managed, and that the operation of the STL does not give rise to avoidable nuisance, disorder or detriment to neighbours and the local community.

16.3. Management

Licence holders remain responsible for compliance with the 1982 Act, the STL Order and all licence conditions, whether the STL is managed directly by the licence holder or through an agent, operator or property manager. Licence holders should ensure that any person managing or controlling the STL has the authority and capability to secure compliance and to respond promptly to issues.

16.4. Local Contact Arrangements

Licence holders must ensure that appropriate contact arrangements are in place to deal with issues arising from the operation of the STL, including out with normal business hours where required. Contact arrangements should be effective in practice and enable issues to be addressed promptly, including noise, refuse, antisocial behaviour and safety concerns.

16.5. Guest Information and House Rules

Licence holders are expected to provide guests with clear information on how the STL is to be used responsibly. This should include house rules and practical information (as appropriate) on:

16.6. Preventing Nuisance

Licence holders are expected to take reasonable steps to prevent nuisance and protect local amenity. This includes (where relevant):

16.7. Managing Safety and Maintenance

Licence holders must ensure that the premises are maintained to an appropriate standard, that safety measures required by mandatory and standard conditions are in place, and that safety documentation required under the 1982 Act, the STL Order and licence conditions is kept up to date. Licence holders should also ensure that any issues affecting safety are addressed promptly.

16.8. Maximum Occupancy, Authorised Use and Supervision

Licence holders must operate within the authorised STL type and the maximum occupancy set by the licence and must comply with any conditions relating to the use of the premises and guest management (see Part 7 and Annex C). Licence holders should take reasonable steps to supervise and manage compliance with occupancy limits and any restrictions on the use of rooms or sleeping accommodation.

16.9. Record Keeping

Licence holders are expected to keep appropriate records to demonstrate compliance with licence conditions and to cooperate with reasonable requests by the Council in connection with the administration and enforcement of STL licensing, including requests for information and access where lawful. Records may include (where relevant) safety certificates, inspection records, maintenance records and evidence of local contact arrangements.

16.10. Premises Information and Advertising Requirements

Licence holders must comply with mandatory and standard licence conditions on information and documentation to be made available at the premises and provided to guests as well as advertising and listing requirements. Practical guidance and a checklist are set out in Annex E.

16.11. Material Changes Duty

The licence holder must notify the Council as soon as reasonably practicable of any material change of circumstances relevant to the STL licence or the operation/management of the premises (including any change in agent/operator/property manager). The Council may request updated information or evidence following notification and may consider whether any regulatory action is required.

17. Compliance Monitoring and Inspections

17.1

This Part explains the Council’s approach to monitoring compliance with the 1982 Act, the STL Order and STL licence conditions. It covers inspections, information requests and partnership working in support of compliance and public safety.

17.2. Risk-based Approach

The Council will take a proportionate, risk-based approach to compliance activity. Compliance activity may be proactive (for example, where the Council considers a premises or operation presents a higher risk) and/or reactive (for example, in response to intelligence, service requests or complaints).

17.3. Inspections, Requests and Cooperation

For the purposes of administering and enforcing STL licensing, the Council may:

Where possible, the Council will give reasonable notice of inspections and reasonable timescales for responding to information requests, having regard to the circumstances of the case. Licence holders are expected to cooperate with lawful requests for access to premises and for information. Failure to cooperate, refusal of access (where lawful access is sought), or failure to provide information may be treated as a compliance matter and may be taken into account in any enforcement or review action.

17.4. Partnership Working

The Council may work with partner agencies and internal services where relevant to compliance and public safety. This may include Police Scotland, the Scottish Fire and Rescue Service, Environmental Health, Building Standards, Housing and Planning. Where appropriate, the Council may share information and make referrals in accordance with Part 15.

17.5. Outcomes of Compliance Activity

Where compliance concerns are identified, the Council may take proportionate action. This may include providing advice, requiring remedial action, varying licence conditions where appropriate, and/or taking enforcement action in accordance with Part 19.

18. Complaints and Service Requests

18.1

This Part explains how the Council will respond to complaints and service requests relating to STLs, including how matters will be assessed and what action the Council may take. It should be read alongside Parts 16 and 17 (operating standards and compliance monitoring) and Part 19 (enforcement).

18.2. The Council’s Remit

The Council will consider complaints that relate to compliance with the 1982 Act, the STL Order and STL licence conditions, including matters affecting safety, prevention of nuisance and the proper operation of a STL.

Some matters may fall primarily out with the Council’s licensing functions (for example, private civil disputes between neighbours, title conditions, boundary disputes, or contractual disputes between hosts and guests). Where appropriate, the Council may signpost complainants to the relevant service, agency or remedy.

18.3. Complaint Handling

Complaints and service requests may be received from members of the public, partner agencies or Council services. The Council will assess each matter on its merits and will normally triage matters based on risk. Matters indicating a potential risk to public safety or serious ongoing nuisance may be prioritised for early action.

18.4. Information and Evidence

To allow the Council to assess a complaint effectively, complainants may be asked to provide supporting information, such as:

The Council may be unable to take formal action where there is insufficient information or evidence to establish a breach.

18.5. Anonymous Complaints

The Council may consider anonymous complaints; however, the absence of contact details may limit the Council’s ability to clarify information, request further details or provide feedback. Anonymous complaints may also limit the Council’s ability to rely on the information as evidence in formal proceedings.

18.6. Assessment and Initial Action

Depending on the circumstances, the Council may take one or more of the following steps:

18.7. Outcomes and Escalation

Where a breach is identified, or where the Council has reasonable grounds to believe that a breach has occurred, the Council may take proportionate action. This may include advice and requiring remedial steps, additional compliance checks, and/or enforcement action in accordance with Part 19. The Council may also consider whether a matter indicates a wider pattern of non-compliance which requires escalation.

18.8. Urgent Matters

Where a complaint suggests an immediate risk to safety, serious disorder or significant ongoing nuisance, the Council will seek to respond appropriately and may prioritise action, including urgent referral to relevant services or partner agencies where necessary.

18.9. Feedback to Complainants

The Council will provide feedback where appropriate and practicable. In some cases, the Council may be limited in what it can disclose due to data protection, confidentiality and fairness considerations, particularly where enforcement action is being considered or undertaken.

18.10. Malicious, Vexatious or Persistently Unfounded Complaints

The Council will take complaints seriously but may take account of whether a complaint appears to be malicious, vexatious or persistently unfounded. This will not prevent the Council taking action where evidence indicates a breach of the 1982 Act, the STL Order or licence conditions.

18.11. Complaints about the Council’s Service

Complaints about how the Council has handled a STL application, enquiry, inspection or other licensing matter (as opposed to complaints about a STL premises or licence holder) will be dealt with under the Council’s corporate complaints handling procedure, as published on the Council’s website.

19. Enforcement and Regulatory Action

19.1

This Part explains the Council’s approach to enforcement and regulatory action where there is (or is suspected to be) non-compliance with the 1982 Act, the STL Order and STL licence conditions.

19.2. Enforcement Principles

The Council will take a proportionate, risk-based and evidence-led approach to securing compliance. The Council will normally seek to secure compliance through advice and remedial action where appropriate. However, the Council will escalate its response where the circumstances justify it, including where there is:

19.3. Unlicensed Activity

It is a criminal offence to carry out an activity for which a STL licence is required without having such a licence, under section 7(1) of the 1982 Act.

The STL Order includes transitional provisions affecting when a person does (and does not) commit an offence in certain circumstances (for example, where a compliant application was made by the relevant date and remains undetermined), and the Council will apply those provisions where relevant.

19.4. Early and Informal Interventions

Where appropriate, the Council may take informal steps to secure compliance. This may include:

19.5. Escalation and Enforcement “Ladder”

Where concerns persist, are serious, or indicate a risk to safety or significant nuisance, the Council may escalate its response. Depending on the circumstances, escalation may include:

19.6. Suspension and Revocation of a STL Licence

Where the Council is satisfied that it is appropriate to do so, it may suspend or revoke a STL licence under paragraph 11 of Schedule 1 to the 1982 Act.

In considering suspension or revocation, the Council may take account of (where relevant):

19.7. Immediate Suspension

The Council has a specific power to order immediate suspension where it is of the opinion that the carrying on of the activity to which the licence relates is causing, or is likely to cause, a serious threat to public order or public safety, under paragraph 12(1) of Schedule 1 to the 1982 Act.

19.8. Process and fairness

Where the Council is considering formal action (including suspension, immediate suspension or revocation), it will follow fair procedures and provide the licence holder with an opportunity to make representations as required by the 1982 Act and applicable procedure. If a person is unhappy, they may appeal certain decisions of the Council or the Licensing Committee under the licensing regime in accordance with paragraph 18 of Schedule 1 to the 1982 Act.

20. Policy Governance and Review

20.1

This Part sets out how this Policy will be kept under review, how updates will be approved, and how the Council will maintain supporting annexes and guidance documents.

20.2. Ownership and Responsibility

This Policy is owned by the Council’s Licensing Service. The Licensing Service is responsible for maintaining the Policy, supporting annexes, and any associated guidance notes used to explain STL licensing processes.

20.3. Review and Ongoing Considerations

The Council will carry out a routine review of this Policy every five years. In addition to the five-year cycle, the Council will keep this Policy under ongoing consideration. This may include periodic checks and internal discussion of whether the Policy remains appropriate and effective, without necessarily initiating a formal re-draft or consultation exercise.

20.4. Early Review

The Council may bring forward a formal review, or make targeted amendments, where appropriate. This may be required where there are material changes to the 1982 Act, the STL Order, relevant case law, statutory guidance, or local operational experience indicating that the Policy should be updated.

20.5. Approval and Governance

Substantive changes to this Policy will be approved by the Licensing Committee. Minor updates may be made where appropriate (for example, updating references, correcting typographical errors, or making non-material formatting changes), provided that such updates do not change the Council’s substantive policy position.

20.6. Annexes

Annexes form part of this Policy unless stated otherwise. Annexes may require to be updated from time to time (for example, to reflect changes to fees or standard conditions). Where an annex is updated, the Council will publish the current version and the date from which it applies. Where there is any conflict between an annex and the 1982 Act, the STL Order or the 2024 Order, the legislative requirements take precedence.

20.7. Publication and Version Control

The Council will publish the current version of this Policy on the Council’s website and/or other published location. The Policy will be subject to version control, including approval date and effective date, as set out in the Policy History page. Printed or saved copies may not be current.

20.8. Implementation

Where amendments to this Policy are approved, the Council will specify the date from which the updated Policy applies and, where appropriate, any transitional arrangements for applications submitted or determined around the implementation date.

21. Annexes