Short-term Lets and other Licensing Appeals

Currently, Local Authorities through their Licensing Committees are processing Short-term Let Applications.  These have, in a number of geographical areas, resulted in significant objection and as a consequence, applications have become opposed with a hearing taking place before the local Licensing Committee.  Following upon the hearing, the application will either be approved or refused and this in the end of the day leaves at least one party dissatisfied with the result and potentially considering appeal.

 Before considering an appeal it is important to check if a potential appellant has followed all procedures available to them to put their case before the Licensing Committee.  Commonly, objectors and applicants believe that written submissions or other communications submitted prior to a Committee Hearing is sufficient to state their case and give them a path to appeal if a decision goes against them. Sadly that is not the case and  a failure to appear at the relevant Licensing Committee Hearing will result in a loss of opportunity to take the matter further to Appeal in the event that a decision goes against them. This is because all of the procedures available to put forward a case have not been followed. It is accordingly important to attend the Committee Hearing or at least be represented at it.

 It is also important to remember that an appeal hearing before the Sheriff Court is not a re-hearing of the case but a review of the Licensing Authority’s decision to see whether it can be reversed on a limited number of statutory grounds.  This means it is important that an applicant or objector presents all of the available and relevant facts to the Licensing Committee as they are unlikely to have an opportunity to fill in any gaps that they have left at a later appeal.  Generally, the appeal court will only review the decision taken by the Licensing Authority on the basis of the facts and submissions that were before the Licensing Authority at the time the decision was made.  It is accordingly important not to hold any information “in reserve” to be brought out at some time later or to forget to fully address all of the issues relating to the application. 

 Following upon the above, it is clearly important that all matters are properly presented before the Licensing Authority.  If there are a large number of issues to be addressed then it is prudent to consider lodging a full written response to Objections or to an Application with supporting documentation where appropriate to ensure that all the points are covered before the Licensing Meeting.  These written submissions can be referred to during the Licensing Committee meeting provided these are lodged sufficiently far in advance of the Hearing to allow circulation amongst the various interested parties and the Committee Members   

 Any Objector or Applicant who has appeared before the Licensing Committee can request a Statement of Reasons in writing from the Committee explaining the basis of their decision .  Such a request  must be made within 21 days of the date of the decision.  Once the request has been made, the Local Authority has ten days to give their reasons in writing.  Before embarking upon an Appeal, it is prudent to seek a note of the decision in writing as this has the effect of fixing the Licensing Authority’s reasons which cannot then be changed or added to at a later date.  This can be helpful when considering how best to Appeal a decision. Please hover note that there is a 28 day period after the date of the decision to lodge an appeal with the local Sheriff Court and that period is not extended if you are still waiting for the statement of reasons from the Committee.

 Appearing before a Licensing Committee can be a daunting experience.  It is not for everyone.  If the matter is one of importance (and most are) then an Applicant or Objector should seriously consider whether they need assistance to present their case.  Sometimes it is important to present a case in the knowledge that a decision may well go against you at first instance but with a clear strategy towards an appeal in the future.  It isn’t everybody’s cup of tea, and if not, then advice from a Solicitor experienced in Licensing matters should be sought.  At Gilson Gray we have a number of Lawyers who have significant experience appearing before Licensing Authorities and Boards and will be able to assist.

To discuss any of the points raised further, please contact a member of our Litigation team here.

The information and opinions contained in this blog are for information only.  They are not intended to constitute advice and should not be relied upon or considered as a replacement for advice.  Before acting on any information contained in this blog, please seek solicitor’s advice from Gilson Gray.