SCHEDULE 1Excluded accommodation

Article 2

Excluded accommodation1

Excluded accommodation means accommodation which is, or is part of—

a

a hotel,

b

an aparthotel,

c

a boarding house,

d

a guest house,

e

a premises which holds a premises licence under the Licensing (Scotland) Act 20058 where accommodation is an approved activity (as defined in the 2005 Act),

f

a hostel,

g

residential accommodation where care is provided to people in need of care,

h

a hospital or nursing home,

i

a residential school, college or training centre,

j

secure residential accommodation (including a prison, young offenders institution, detention centre, secure training centre, custody centre, short-term holding centre, secure hospital, secure local authority accommodation or use as military barracks),

k

a refuge,

l

student accommodation,

m

accommodation which otherwise requires a licence for use for hire for overnight stays,

n

accommodation which is provided by the guest,

o

accommodation which is not static,

p

accommodation owned by an employer and provided to an employee in terms of a contract of employment or for the better performance of the employee’s duties.

Interpretation2

1

In this schedule—

  • “aparthotel” means a residential building containing serviced apartments where—

    1. a

      the whole building is owned by the same person,

    2. b

      a minimum number of 5 serviced apartments are managed and operated as a single business,

    3. c

      the building has a shared entrance for the serviced apartments, and

    4. d

      the serviced apartments do not share an entrance with any other flat or unit within the building,

  • “hostel” means a building in which is provided for persons generally or for any class or classes of persons—

    1. a

      residential accommodation (otherwise than in houses), and

    2. b

      either or both—

      1. i

        board,

      2. ii

        common facilities for the preparation of adequate food for the needs of those persons,

  • “serviced apartment” means a flat or residential unit in respect of which—

    1. a

      services are provided to guests (such as housekeeping, a telephone desk, reception, or laundry), and

    2. b

      there is a management regime in place to prevent anti-social behaviour and to impose limits in respect of the maximum occupancy of the flats or units,

  • “static” means not capable, without modification, of transporting guests to another location,

  • “student accommodation” means residential accommodation which has been built or converted solely for the purpose of being provided to students.

2

In paragraph 1(m), “licence” does not include an HMO licence granted under section 129 of the Housing (Scotland) Act 20069.