A raft of legal challenges are being prepared over the implementation of Scotland’s short-term lets law.
The legislation, which is due to go live on October 1, has been criticised as being too onerous for small business owners, but comes in response to the effects of rising numbers of Airbnb-style short-term lets.
Campaigners said five new cases are “imminent” and follow a successful challenge against City of Edinburgh Council, which prompted it to change its policy.
In that judicial review Lord Braid found that the city council’s policy was unlawful, including around the rebuttable presumption, the lack of provision for temporary licences and the requirement to supply floor coverings.
It includes potential action against Glasgow, Dundee, Argyll and Bute and Highland councils, and a second in the Scottish capital.
Fiona Campbell, chief executive of the Association of Scotland’s Self Caterers, which represents more than 1,700 members, said: “Following the decision by Lord Braid at the Court of Session which ruled that City of Edinburgh Council’s licensing policy was unlawful in common law and also contravened the Provision of Services Directive 2009, other imminent legal challenges are expected.
"This includes against Glasgow City Council, Dundee City Council, Argyll & Bute Council, as well as the Highland Council. Furthermore, a second judicial review proceeding against Edinburgh Council is anticipated over their planning policy."
PART ONE: Scotland’s short-term lets law: 'The failure of operators rests with them'
PART TWO: Highland tourism hotspot chief: 'We are running towards the cliff edge'
She continued: "The ASSC wish to make clear that we are not anti-regulation, nor do we or our members relish undertaking legal action.
“In fact, we’ve provided numerous policy recommendations throughout the short-term let regulatory debate. We want regulation – but only that which is proportionate, non-discriminatory and most importantly, legal.”
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The campaigners have written to council leaders across Scotland and representative body Cosla to press for a concerted effort for a postponement of the introduction of the law.
It comes after Cammy Day, City of Edinburgh Council leader, said earlier he would support an extension on the deadline, but also called on businesses to sign up for the licensing scheme in good time.
A spokesman for Glasgow City Council said: "If Glasgow is subject to a judicial review, we will defend our position in court."
Cosla has been contacted for comment.
In part three tomorrow, “unintended consequences” apply extra pressure to small businesses still reeling after the pandemic and cost of living crisis.
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