A HOLYROOD committee has backed Scottish Government plans to crackdown on Airbnb-style short-term let properties despite fears over B&Bs being swept up in the new laws and concerns that ministers can veto councils setting up control zones.
Housing Minister Kevin Stewart told Holyrood’s Local Government and Communities Committee that the plans “have struck the right balance” between the needs of the tourism economy and “communities who have quite frankly had enough and want action” over anti-social behaviour and pressures on the housing market, particularly in Edinburgh.
But long-standing activist against the rise of uncontrolled short-term lets, Andy Wightman, refused to back both the plans for a licensing regime and control areas, calling for the legislation to be re-written to ensure “we get it right first go”.
READ MORE: Airbnb warns SNP legislation 'threatens Scotland's economy'
Mr Stewart told MSPs that he is “more than happy” to consider” further refinements” to the plans through a working group made up of industry and local authority voices amid concerns that B&B traders have been included in the legislation.
An initial consultation by the Scottish Government in 2019 stated that hotels and B&Bs will be excluded from the scope of the legislation – but the plans require some B&Bs to obtain a licence or face fines up to £50,000 along with other short-term let properties. Hotels remain excluded from the plans.
If approved, the proposals will come into force on April 1. But local authorities will have until April 1, 2022 to establish a scheme in their area and open it to receive applications, with existing hosts having until April 1, 2023 to apply.
Mr Stewart told the committee that he could "actively explore solutions" if needed in the “next parliament” but warned there can be "no loopholes and no anomalies".
He added: "It may well be that short-term let operators try to prove that they are a B&B by getting round the law by providing breakfast boxes".
READ MORE: SNP's Airbnb crackdown plans 'against EU law' despite pledge to 'keep pace'
But Tory MSP Alexander Stewart pointed to concerns raised by businesses that the legislation is “heavy-handed” and attempting to use “a sledgehammer to crack a nut” by rolling out nationwide rules for a problem some claim only exists in Edinburgh.
He insisted that the proposed legislation "does not seem fit for purpose".
He added that the admission by the Housing Minister that changes may be needed following May’s election “must be suggesting that you have got this wrong”.
The Housing Minister said: “It would be an unwise minister who would say directly that they are not going to keep an eye on possible unintended consequences of any legislation.
“Let’s look at all of the issues that folks are not happy about and see what compromises can be reached.”
Independent MSP Andy Wightman, who refused to back the proposals, raised fears that “ministerial consent will be required before a control area can be established” - effectively giving the Scottish Government a veto on any council’s plans to use the power.
Mr Wightman also raised concerns that B&Bs were excluded in the initial consultation on the proposed laws only to be included later on in the process.
He told Mr Stewart that the fact the rules are being brought forward as secondary legislation and the committee not seeing the draft guidance that will sit alongside the laws “means there’s no opportunity to amend those regulations”.
He added: “I would rather we got it right first go.”
Mr Wightman said that it was “fundamentally wrong that ministers should require to give consent” to control areas being set up.
He also said he was “distressed” that B&Bs are set to be subject to the same rules as all other short-term lets, calling for “greater flexibility” for councils.
He added: “I do not believe the way in which this has been approached is most appropriate.”
READ MORE: SNP minister: Short-term lets plans could penalise rural businesses
Labour MSP and deputy convener of the committee, Sarah Boyack, backed the plans – warning that a hold-up would be “delaying a really important licensing system”.
But she insisted there is “more work that needs to be done by ministers and his team” before the plans are considered by Parliament “to ensure it’s going to be deliverable”.
Mr Stewart stressed that the main goal of the plan was to ensure “mandatory standards” around health and safety and said that councils will be able to “tailor the scheme to address many local issues”.
In addressing concerns that businesses are facing extra costs and burdens during the pandemic, Mr Stewart said that traders have “over two years to get ready”, but said the laws are needed now to ensure “councils can get their licensing scheme ready” in time.
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