Industry Update: Edinburgh self-caterers win judicial review case on short-term let licensing

The Association of Scotland’s Self-Caterers (ASSC) have hailed today’s legal opinion at the Court of Session that City of Edinburgh Council’s short-term let licensing policy is unlawful regarding rebuttable presumption.

The action was brought by four petitioners – Ralph Averbuch, Glenn Ford, Louise Brook and Craig Douglas – with Iain Muirhead and Anna Morris providing close support. These individuals bore huge personal costs, financial and emotional, and have shown tenacity and perseverance throughout. Read the press release from the petitioners here.

In addition, upwards of 1,000 people donated more than £300,000 to the largest Crowdfunder in Scottish legal history, illustrating just how important this action was to the entire sector. The ASSC also expresses thanks to Morag Ross KC and her team, and Rosie Walker and Joanna Millar at Gilson Gray LLP.

The ASSC has long maintained that the Council’s policy amounted to a de-facto ban on short-term lets in Edinburgh and would damage a key component part of the city’s economy for no discernible benefit.

Aside from his verdict on rebuttable presumption, Lord Braid also found the Council’s policy was unlawful in respect of the lack of provision for temporary licenses, as well as the stipulation about floor coverings for all secondary lets. Significantly, Edinburgh’s policy also breaches the Provision of Services Regulations 2009.

This decision should not be viewed as a matter for City of Edinburgh Council alone as it clearly has wider implications for the Scottish Government’s short term let regulations and seriously calls into question whether licensing can survive in its current form. The ASSC intend to request an urgent meeting with the Scottish Government to discuss the consequences of today’s developments.

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.”