Licence

From 01 Oct 2022, the Scottish Government has implemented a new licensing scheme to ensure basic safety standards are in place across all short-term lets operating in Scotland, while also providing discretionary powers to licensing authorities to address the needs and concerns of local communities. It will be a criminal offence to operate without a holiday letting licence after 01 Jul 2024.

The primary aims of the licensing scheme are:

  • to ensure all short-term lets are safe; 
  • to facilitate licensing authorities in knowing and understanding what is happening in their area; and
  • to assist with handling complaints and address issues faced by neighbours effectively.

Struthan Cottages has an approved 3 Year Holiday Letting Licence AR00189F provided from Argyll & Bute Council awarded on 15th August 2023 , for renewal on 16th August 2026.

Morning Coffee

To assist compliance and for transparency for all our guests:

Mandatory Conditions

Agents

1. Only those named as a holder of the licence can carry out the day to day management of the short-term let of the premises. [Our Comment: Noted. Paul Veverka is principal owner/licensee]

Type of licence
2. 
The holder of the licence may only offer the type of short-term let for which the licence has been granted. [Our Comment: We pursue a ‘Secondary Letting’ Licence involving the letting of short term holiday lets on a property where we do not normally live]

Fire safety
3. 
The holder of the licence must ensure the premises has satisfactory equipment installed for detecting, and for giving warning of—
(a) fire or suspected fire, and [Our Comment: We have complied with Scottish Government 2021 legislation to have mains powered interlinked fire and heat alarms. Photo Evidence here]
(b) the presence of carbon monoxide in a concentration that is hazardous to health. [Our Comment: We are compliant by providing Battery Powered Carbon Monoxide Detectors. 2 x smoke alarms, 1 x heat alarm and 1 x CO2 alarm, all mains powered, interlinked were installed by K Langley (Electrican of Tiree) in Oct and Nov 22]

4. The holder of the licence must keep records showing that all upholstered furnishings and mattresses within the parts of the premises which are for guest use, or to which the guests are otherwise permitted to have access, comply with the Furniture and Furnishings (Fire Safety) Regulations 1988. [Our Comment: We maintain a fire safety register, held here showing compliance.]

Gas safety
5. 
Where the premises has a gas supply—

(a) the holder of the licence must arrange for an annual gas safety inspection of all gas pipes, flues and appliances in the premises, [Our Comment: Not Applicable. No Mains Gas on Tiree]

(b) if, after an annual inspection, any appliance does not meet the required safety standard, the holder of the licence must not allow a short-term let of the premises until the works necessary to bring the appliance to the required safety standard have been carried out. [Our Comment: Not Applicable. No Mains Gas on Tiree]

Electrical safety

6. Where there are electrical fittings or items within the parts of the premises which are for guest use, or to which the guests are permitted to have access, the holder of the licence must—

(a) ensure that any electrical fittings and items are in—

(i) a reasonable state of repair, and [Our Comment: Appliances and equipment renewed if getting old.]

(ii) proper and safe working order, [Our Comment: Anything broken is immediately removed from the cottage or replaced]

(b) arrange for an electrical safety inspection to be carried out by a competent person at least every five years or more frequently if directed by the competent person, [Our Comment: Electrical Safety Inspection carried out by K Langley of Tiree as evidenced here. Next Inspection Oct 2027]

(c) ensure that, following an electrical safety inspection, the competent person produces an Electrical Installation Condition Report on any fixed installations, [Our Comment: Electrical Installation Condition Report carried out by K Langley of Tiree as evidenced here. Next Inspection Oct 2027]

(d) arrange for a competent person to— 

(i) produce a Portable Appliance Testing Report on moveable appliances to which a guest has access, and [Our Comment: PAT Testing carried out by K Langley of Tiree as evidenced here]

(ii) date label and sign all moveable appliances which have been inspected. [Our Comment: Carried out by K Langley of Tiree as evidenced here]

7. In determining who is competent, the holder of the licence must have regard to guidance issued by the Scottish Ministers under section 19B(4) of the Housing (Scotland) Act 2006 [Our Comment: noted.]

Water safety: private water supplies

8. Where the premises are served by a private water supply, the licence holder must comply with the requirements on the owners of private dwellings set out in the Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 [Our Comment: Water is supplied from mains by Scottish Water on public supply, not private]

Water safety: legionella
9. 
The holder of the licence must assess the risk from exposure to legionella within the premises, whether or not the premises are served by a private water supply. [Our Comment: Risk Assessment undertaken 27.08.22 completed as evidenced here.]

Safety & repair standards
10.
(1) The holder of the licence must take all reasonable steps to ensure the premises are safe for residential use. [Our Comment: Maintenance by the owner is strictly undertaken bi-annually for this purpose. Once in March, another instance in October. Safety of our guests is highest priority.]

(2) Where the premises are subject to the requirements of Chapter 4 of Part 1 of the Housing (Scotland) Act 2006, the holder of the licence must ensure that the premises meet the repairing standard.[Our Comment: Maintenance includes consideration of the Repairs and Standards Legislation set out here]

Maximum Occupancy
11. 
The licence holder must ensure that the number of guests residing on the premises does not exceed the number specified in the licence. [Our Comment: Noted. This has now been noted in our updated Terms & Conditions within Part 5 provided to guests at time of booking. Evidenced here ]

Information to be displayed
12. 
The holder of the licence must make the following information available within

the premises in a place where it is accessible to all guests—
(a) a certified copy of the licence and the licence conditions, [Our Comment: Once issued, this will be within the opening pages of our Welcome Pack Folder]
(b) fire, gas and electrical safety information, [Our Comment: This will be evidenced within the opening pages of our Welcome Pack Folder with extracts incorporated into our holiday brochures]
(c) details of how to summon the assistance of emergency services, [Our Comment: This is already displayed for guests in our Welcome Pack, also prominently in our Holiday Brochures provided at time of booking with reminders on a permanent display rack in the cottage living room.]

(d) a copy of the gas safety report, [Our Comment: Not applicable. No gas. ]

(e) a copy of the Electrical Installation Condition Report, and [Our Comment: Copy within Welcome folder and on this website as evidenced here]

(f)a copy of the Portable Appliance Testing Report. [Our Comment: Copy within Welcome folder and on this website as evidenced here]

Planning Permission

13. Where the premises is in a short-term let control area for the purposes of section 26B of the Town and Country Planning (Scotland) Act 1997 (“the 1997 Act”), the holder of the licence must, where the use of the premises for a short-term let requires planning permission under the 1997 Act, ensure that either—

(a) an application has been made for planning permission under the 1997 Act and has not yet been determined, or [Our Comment: Does not apply. No designated control area.]

(b) planning permission under the 1997 Act is in force. 

Listings
14.
(1) The holder of the licence must ensure that any listing or advert (whether electronic or otherwise) for the short-term let of the premises includes—

(a) the licence number, and [Our Comment: This page is specifically created for that purpose and will when issued, also be noted on booking confirmation emails.]

(b) a valid Energy Performance Certificate rating if an Energy Performance Certificate is required for the premises, in accordance with the Energy Performance of Buildings (Scotland) Regulations 2008. [Our Comment: Noted. This has been arranged by DM Hall Surveyors (Oban) who visited Tiree to undertake ours and multiple other property owners during the one visit. Copy of our EPC is available here.]

(2) The holder of the licence must ensure that any listing or advert (whether electronic or otherwise) for the short-term let of the premises is consistent with the terms of the short-term let licence. [Our Comment: Noted. Everything is as advertised and as terms and conditions.]

Insurance

15. The holder of the licence must ensure that there is in place for the premises—

(a) valid buildings insurance for the duration of the licence, and [Our Comment: Buildings Insurance is in place for rebuild value of £179,350. As per Part 1 of our 22/23 Business Insurance policy dated which expires 06 Jul 2023 and evidenced here.]

(b) valid public liability insurance for the duration of each short-term let agreement. [Our Comment: PL Insurance is in place for value of £5,000,000. As per Part 4 of our 22/23 Business Insurance policy dated which expires 06 Jul 2023 and evidenced here.]

Payment of fees

16. The holder of the licence must pay any fees due to the licensing authority in respect of the licence on demand. [Our Comment: Noted. Fees are paid to Argyll & Bute Council at time of application and likely to be £316 for a 3 year licence.]

False or misleading information
17. 
The holder of the licence must not provide any false or misleading information to the licensing authority. [Our Comment: Noted. All information on this page and in application is factual.]

Interpretation
18. 
In this schedule—

“Electrical Installation Condition Report” means a report containing the following information—

(a) the date on which the inspection was carried out, 

(b) the address of the premises inspected,

(c) the name, address and relevant qualifications of the person who carried out the inspection,

(d) a description, and the location, of each installation, fixture, fitting and appliance inspected,

(e) any defect identified,
(f) any action taken to remedy a defect,

“Energy Performance Certificate” means a certificate which complies with regulation 6 of the Energy Performance of Buildings (Scotland) Regulations 2008,

“gas safety report” means a report containing the following information— 

(a) the date on which the appliance or flue was checked,

(b) the address of the premises at which the appliance or flue is installed, 

(c) a description of and the location of each appliance or flue checked, 

(d) any safety defect identified, 

(e) any remedial action taken,

(f)confirmation that the check undertaken complies with the requirements of an examination of—

(i)the effectiveness of any flue, (ii)the supply of combustion air,

(iii)subject to head (iv), its operating pressure or heat input or, where necessary, both,

(iv) if it is not reasonably practicable to examine its operating pressure or heat input (or, where necessary, both), its combustion performance,

(v) its operation so as to ensure its safe functioning,

(g) the name and signature of the individual carrying out the check, and

(h) the registration number with which that individual, or that individual’s employer, is registered with a body approved by the Health and Safety Executive for the purposes of regulation 3(3) of the Gas Safety (Installation and Use) Regulations 1998,

Additional Conditions

Introduction

Argyll and Bute Council consider that additional conditions should be applied to short- term let licences in its area. These derive from (a) the Part 2 Guidance for licensing authorities and (b) issues relating to guest safety which the Council has identified in its area and for which it considers additional licence conditions are necessary and appropriate.

The “Part 2” additional conditions, are based closely upon the examples provided by the Scottish Government. These conditions would be generally-applicable to all licences, although some, for instance those relating to impact noise are not necessary for detached premises with no party structures.

The guest safety conditions are intended for specific premises where certain facilities and amenities are provided for the use of guests (this would require a declaration on the application form). Alternatively, the conditions could be generally-applied with a conditional clause; the draft guest safety conditions are in the latter form.

Additional conditions based on Part 2 Guidance Antisocial behaviour

  1. The licence holder must take reasonable steps to manage the premises in such a way as to seek to prevent and deal effectively with any antisocial behaviour by guests to anyone else in the short-term let and in the locality of the short-term let.
  2. The licence holder must take reasonable steps to:
    • Ensure that no disturbance or nuisance arises within or from the premises, for example by explaining the house rules to the guests;
    • Deal effectively with any disturbance or nuisance arising within or from the premises, as soon as reasonably practicable after the licence holder is made aware of it; and
    • Ensure that any vehicles belonging to guests are parked lawfully, for example explaining where any designated parking spaces are to be found and highlighting any local rules. [Our Comment: On all above, Guests are reminded of their responsibilities in Part 5 of our terms and conditions agreed at the time of booking. This includes taking ownership of the people in their party, pets and being responsible for their actions, including being mindful of neighbours. Immediate neighbours have been provided with the owners telephone number where they can contact at any time in the unlikely event of any disorder ever arising. ]

Privacy and security

  1. The licence holder must manage the premises in such a way as to respect and protect the privacy and security of neighbours.
  2. The licence holder must ensure:
  3. Guests know and understand any particular rules applying to shared areas and entrances; 
  • Guests understand that shared doors should be properly and securely closed after use; and
  • The provision of access codes or keys to guests cannot be used by guests to gain access to shared areas after they have finally departed. [Our Comment: There are no shared entrances or shared parking. The house, garden and parking is sufficiently away from other properties, protecting the privacy of neighbours.]

Noise control in flatted premises [Our Comment: Not Applicable. Property is detached house]

  1. Where the premises are a flat above another dwellinghouse, the licence holder must:
    • Fit and maintain carpets(with appropriate underlay) to the floors of bedrooms, living room and any hallway.
    • Take reasonable steps to ensure that guests do not first arrive or finally depart from the property between the hours of 2300 and 0700. The licence holder must advise guests of this condition as part of their booking terms and conditions.
  2. Note that “reasonable steps” allows for unavoidable circumstances, such as significantly-delayed transport.
  3. The licence holder must take reasonable step to ensure that guests do not play amplified music within the garden or external areas after [23:00 hours] where it would impact neighbouring residents.

Littering and waste disposal

  1. The licence holder must provide adequate information on, and the facilities for, the storage, recycling and disposal of waste. [Our Comment: Guests are notified what to do with their waste and wheelie bins within our ‘Information’ brochure which also contains information on Landfill sites.]
  2. The licence holder shall be responsible for advising residents of the refuse collection day and for making arrangements for the presentation of bins for collection at the appropriate time and day. [Our Comment: A bin store has been built immediately outside the property in a visible location. The waste collection days are notified to guests in our Information Brochure provided at the time of booking, a copy of which is also available on this website.]

3 The licence holder must advice guests of:

  • Their responsibilities;
  • The use of the bins etc. provided for the premises; and
  • The location of the nearest recycling area or recycling point. [Our Comment: A bin store has been built immediately outside the property in a visible location. The waste collection days are notified to guests in our Information Brochure provided at the time of booking, a copy of which is also available on this website.]

4. The licence holder must:

  • Clearly label bins as belonging to the premises;
  • Ensure that guests manage their waste in compliance with (2), including when they depart; and
  • Maintain the bins storage area and the exterior of the premises in a clean and tidy condition
  • [Our Comment: A bin store has been built immediately outside the property in a visible location. Bins are marked for recycling. Waste Information for guests is noted in our Information Brochure provided at the time of booking, a copy of which is also available on this website.]
  • Damage to property
  • The licence holder shall not affix a key box, or any other device to facilitate guest entry to the premises, to any public or jointly-owned private structure or infrastructure without the prior written permission of the relevant authority or owner(s). The licence holder must be able to produce the written permission to the licensing authority on demand. [Our Comment: Noted. We have no such box or device. Guests have other arrangements for human handover for key collection/return]

Additional Conditions for Guest Safety Legionella risk assessment – spa pools/hot tubs
[Our Comment: Not Applicable. We have no pools or hot tubs.]

  1. Where a spa pool, including any electric hot tub or wood-fired hot tub, is provided for the use of guests, the licence holder must install, maintain and operate it so it can be safely operated and used by guests.
  2. The licence holder shall ensure:
    • That any such spa pool is installed and maintained in accordance with the guidance in HSE publication HSG282 Control of legionella and other infectious agents in spa-pool systems.
    • That there is a risk assessment and written scheme of control for Legionella in respect of any such spa pool.
    • That the risk assessment and written scheme of control are lodged with any application for a licence and are to the satisfaction of the licensing authority.
    • That, prior to any spa pool being brought into use for the first time during the period of the licence, at least 28 days’ notice shall be given to the licensing authority and the risk assessment and written scheme of control shall be submitted at the time of such notice.
  3. The licence holder shall provide guests with information on the safe use of the spa pool in accordance with the written scheme of control.
  4. The licence holder shall not provide or install any inflatable hot tub for the use of guests without the prior written approval of the licensing authority. Note that the licensing authority will not give approval in respect of inflatable hot tubs not intended for commercial use and which cannot conform to the requirements of HSG282.

Guest safety – swimming pools and ponds
[Our Comment: Not Applicable. We have no pools or ponds.]

  1. Where a swimming pool or swimming pond is installed and provided for the use of guests, the licence holder must take reasonable measures to ensure water quality and bather safety.
  2. The licence holder shall ensure:
    • In the case of swimming pools, that a pool safety operating plan is prepared and lodged with any application for a licence and is to the satisfaction of the licensing authority. The licence holder shall have regard to the guidance in HSE publication HSG179 Health and safety in swimming pools.
    • In the case of swimming pools and swimming ponds, that a bather safety plan is prepared and lodged with any application for a licence and is to the satisfaction of the licensing authority. The bather safety plan shall include measures to minimise the risk of bathers getting into difficulty, to facilitate the rescue of bathers in difficulty and to call for the assistance of emergency services where necessary.

• That, prior to any swimming pool or pond being brought into use for the first time during the period of the licence, at least 28 days’ notice shall be given to the licensing authority and the pool safety operating plan and bather safety plan shall be submitted at the time of such notice.

  1. In this condition, “swimming pond” means an outdoor body of untreated water in natural ground which has been excavated or modified to provide a facility for swimming. It does not include natural watercourses, fresh-water lochs or coastal waters.
  2. This condition does not apply to swimming pools which are staffed and operated with continuous poolside supervision by trained lifeguards.

Risk of Carbon monoxide – barbecue huts
[Our Comment: Not Applicable. We have huts or BBQ huts.]

  1. Where a barbecue hut is installed and provided for the use of guests, the licence holder must take reasonable steps to ensure that the risk from Carbon monoxide is minimised.
  2. The licence holder shall:
    • Install, maintain and operate the barbecue hut only in accordance with the manufacturer’s instructions.
    • Install and maintain in proper working condition a Carbon monoxide monitor and alarm within the barbecue hut.
    • Provide guests with instructions on the safe use of the barbecue hut, the symptoms of Carbon monoxide poisoning and the actions to be taken in an emergency.
    • Not permit the use of the barbecue hut by persons under the age of 18 except in the presence of a person over the age of 18.
    • Not permit the use of a barbecue hut as sleeping accommodation. 

Guest safety – provision and use of watercraft
[Our Comment: Not Applicable. We have no watercraft.]

  1. Where any watercraft are provided for the use of guests, the licence holder must take reasonable measures to ensure the suitability and safety of the watercraft and the safety of persons using them.
    1. The licence holder shall ensure:
      • That any watercraft provided are suitable for the waters upon which they are intended to be used.
      • That any watercraft are operated and maintained in accordance with the manufacturer’s instructions.
      • That personal flotation devices are provided which are suitable for the use intended and the user, and have regard to the categorisation of any inland waters or standards issued by the Maritime and Coastguard Agency. 
  • That personal flotation devices are inspected and maintained in accordance with the manufacturer’s instructions.
  • That guests are provided with proportionate safety information about the use of watercraft, including the intended areas of use, local hazards, adverse weather conditions, actions to take in an emergency, and the means of contacting the emergency services.
  1. In this condition, “watercraft” means any boat, canoe, kayak, stand-up paddleboard, raft, or similar vessel capable of carrying passengers or being ridden upon, and equipped with sails, or an engine, or capable of being directed or steered using oars or paddles.
  2. In complying with this condition, the licence holder shall have regard to advice and guidance issued by authoritative bodies including, where appropriate, MCA, RoSPA and the Scottish Canoe Association.
  3. In the area of the Loch Lomond and The Trossachs National Park, the licence holder shall comply with any relevant byelaws issued by the National Park Authority.
  4. This condition does not apply to premises where the vessels provided are done so under the terms of a current boat hire licence issued by the licensing authority and operated in compliance with the conditions of such a licence.

Guest safety – provision of bicycles
[Our Comment: Not Applicable. We don’t hire out or provide bikes]

  1. Where bicycles are provided for the use of guests, the licence holder must take all reasonable steps to ensure the safety of persons using them.
  2. The licence holder shall ensure:
    • That any bicycles provided are suitable for the use intended and for the user.
    • That, where cycle helmets are provided, they are suitable for the use intended and the user.
    • That there is a programme of inspection and maintenance in place to ensure that bicycles and cycle helmets are only made available to guests when they are in a safe condition.
  3. In complying with this condition, the licence holder shall have regard to the Cycle Hire Guidelines of the Association of Cycle Traders.

Guest safety – outdoor play equipment
[Our Comment: Not Applicable. We have no play equipment outdoors for guests.]

  1. Where any outdoor play equipment is provided for the use of guests, the licence holder must take all reasonable steps to ensure the safety of persons using the play equipment.
  2. The licence holder shall ensure:

• That only equipment which is suitable for the use intended shall be installed and provided for the use of guests.   

  • That play equipment is installed and maintained in accordance with the manufacturer’s instructions.
  • That play equipment is subject to an inspection and checking regime in accordance with the manufacturer’s instructions.
  • That rules are in place and communicated to guests to ensure the safe use of play equipment and to prevent its abuse.
  1. In complying with this condition, the licence holder shall have regard to the RoSPA Code of good practice for play areas and the RoSPA guidance on the safe use of garden trampolines.
  2. The provision for the use of guests of inflatable play equipment which is intended for bouncing or climbing on is prohibited. This prohibition does not apply to inflatable play equipment which, at all times when it is use, is directly supervised by the licence-holder or their agent, or an employee of the licence-holder or their agent.

Struthan Cottages provide assurance to all our guests and to Argyll & Bute Council that the above information is factual and every effort has been made to ensure compliance of licence.

Struthan Cottages, Isle of Tiree © 2023 Frontier Theme
%d