Chamber and committees

The responsibility for enforcing legislation on the licensing of houses in multiple occupation (HMOs) rests with local authorities and they have a range of powers available to them to ensure that private landlords comply with licensing requirements. New HMO licensing provisions, set out in the Housing (Scotland) Act 2006, will increase the maximum fine for a landlord found guilty of operating an unlicensed HMO from £5,000 to £20,000 and allow local authorities to use rent penalty notices to prevent unlicensed HMO landlords from collecting rent from their tenants. The Scottish Government does not currently collect information on enforcement action taken by local authorities in relation to HMO licensing.

In relation to planning permission for HMOs, the Scottish Government believes that sufficient enforcement measures are in place already to allow local authorities to take action where there has been a breach of planning control.  Again, it is for local authorities to apply these measures. The Planning etc. (Scotland) Act 2006 extended existing powers and introduced new enforcement powers. We have recently consulted on these; the consultation is closed and we are considering how to take this forward.

I refer the member to the answer to question S3W-12323 on 14 May 2008. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at http://www.scottish.parliament.uk/webapp/wa/search.

The national antisocial behaviour strategy, which includes the Antisocial Behaviour etc. (Scotland) Act 2004 and is currently under review, remains the main vehicle for tackling low-level offending.

The basis of the proposal set out in Scottish Planning Policy 3 “ Planning for Housing (SPP3) is to address planning issues about over-concentrations of HMOs in particular areas. It will be for local authorities to consider whether and how to develop and implement such policies in the wider context of housing need in their area. The consultative draft of SPP3 encourages local authorities to consider the need for HMO accommodation when preparing local housing strategies, and to reflect that in development plans.

Planning and HMO licensing legislation are designed to do different things “ planning is focussed on the availability of services and amenities, while licensing exists to ensure HMO properties meet certain safety, physical and management standards. The review of SPP3 considers planning issues. Both Glasgow City Council and the City of Edinburgh Council have been involved in the SPP3 consultation process, as have all other planning authorities, particularly those where high HMO concentrations exist, such as Fife Council and Dundee City Council. Their views are being taken into account in drafting the final policy.

The proposal set out in Scottish Planning Policy 3 “ Planning for Housing (SPP3) is not intended to tackle antisocial behaviour. Where planning authorities decide to implement a policy on HMO concentrations, they should balance the need to provide adequate numbers of HMO accommodation with the need to safeguard the character, integrity and amenity of communities.

We have received a number of representations on the issue of HMO concentrations. Research on the effect of student HMOs on the housing market in St Andrews has been conducted on behalf of the University of St Andrews. Universities UK has published research on the potential effects of high concentrations of HMOs. The research suggests ways in which HMO concentrations may be managed. This information is given in Studentification: A Guide to Opportunities, Challenges and Practice, published by Universities UK in 2006, a copy of which is available in the Scottish Parliament Information Centre (Bib. number 45556). Copies of responses to the consultative draft of Scottish Planning Policy 3 “ Planning for Housing will be made available shortly, and a full analysis report will be published in due course.

In the view of the Scottish Government it is an offence to use a snare to kill or capture an animal listed in Schedule 3 to the Conservation (Natural Habitats, &c.) Regulations 1994, unless this is carried out under licence.

It is an offence recklessly or intentionally to kill or capture an animal listed on Schedule 2 to the Conservation (Natural Habitats, & c.) Regulations 1994. Intentional killing or capture of a animal listed on Schedule 2 may be carried out under licence.

The decision by the Department for Transport to uprate Bus Service Operators Grant in line with the fuel duty rise does not affect the amount of money coming to Scotland. As such, no extra money was made available by the UK Government in relation to Bus Service Operators Grant.

The Scottish Government recognises that it is highly unlikely that louping ill can be completely eradicated. However, a ministerial working group with representation from a wide range of key stakeholder interests, has been set up to look at ways of controlling ticks and the problems which they can create which include the spread of louping ill. The group will assess the scale of the problem and consider possible solutions.