Hospitality Today Winter 2020 (#40) | Page 4

4 | Hospitality Today | Winter 2020 Regulation of Airbnb a step closer in UK? Regulation of short-term lets on ‘peer- to-peer’ platforms like Airbnb has been talked about for years – the hotel and B&B sector pushing for a “level playing field” for hosts, and consumer groups pressing for more safety protection for guests. Yet governments – not least in the UK – have regulations designed for the industry as it was decades ago. A decision in January 2020 by the Scottish Parliament, however, opens the prospect of regulation of Airbnb and similar platforms in Scotland. On 8 January, the Scottish Parliament decided to give powers to local authorities in Scotland to regulate short-term lets (for example, Airbnb properties), including the power to implement a licensing scheme from Spring 2021. Housing Minister Kevin Stewart announced measures in the Scottish Parliament to provide local authorities with the ability to implement a licensing scheme for short-term lets from spring 2021. This will enable councils to know and understand what is happening in their area, improve safety and assist with the effective handing of complaints. The licensing scheme will include a new mandatory safety requirement that will cover every type of short- term let to “ensure a safe, quality experience for visitors”. It will also give councils the discretion to apply further conditions to address the concerns of local residents. Councils will be able to designate control areas to ensure that planning permission will always be required for the change of use of whole properties for short-term lets. This move leaves England in a position where visitors to England will be less protected and less safe than visitors to Scotland.  Hospitality industry bodies are hoping that this will add to the existing pressure on the UK tourism minister Helen Whatley to convene a “round table” meeting to discuss levelling the playing-field of regulation and enforcement across the UK. Meanwhile, the ECJ ruling at the end of 2019 that Airbnb is an “Information society service” got lots of publicity – it was covered in the UK media almost as if it were a “get out of jail free” card for Airbnb, freeing them from the prospect of being regulated. But HT understands that that is not the case. That judgement was a narrow one about whether Airbnb can be regulated in France as an estate agent, and there is a part of the judgement (on page 13) that has been little noticed and not reported: