The WTA is pleased to learn that the Scottish Court of Session (which sits in Parliament House in Edinburgh aas a trial court and a court of appeal) has ruled that the City of Edinburgh’s short-term let licensing policy is unlawful regarding their rebuttable presumption against granting a licence, amongst other matters. Fiona Campbell, CEO of the Association of Scotland’s Self-Caterers, commented: “We are pleased this decision from the Court of Session confirms that City of Edinburgh Council’s short-term let licensing policy was unlawful in respect of the rebuttal presumption and contravenes Provision of Services Regulations.
The fact this was the biggest Crowdfunder in Scottish legal history demonstrates the strength of feeling that the Council’s licensing plans were an existential threat to the livelihoods of operators. We pay tribute to the determination and courage of the four petitioners, and are extremely thankful to all those who donated and the superb legal team. This was a team effort and they can be incredibly proud of what they achieved.
The impact of this will not be confined to the capital as the decision has ramifications for licensing schemes across Scotland. The Scottish Government need to go back to the drawing board on short-term let regulation and engage constructively with industry to provide a regulatory framework that works for all stakeholders. The time to act is now and the ASSC has pragmatic, fair and proportionate policy solutions which can assist.”