RES_FAI037

Form  6.2

Response

SHERIFFDOM OF LOTHIAN AND BORDERS AT EDINBURGH SHERIFF COURT

Court ref: FFR-B14-22

RESPONSE

to the

DETERMINATION OF

SHERIFF PAUL BROWN

UNDER THE INQUIRIES INTO FATAL ACCIDENTS AND SUDDEN DEATHS ETC. (SCOTLAND) ACT 2016

IN THE

INQUIRY INTO THE DEATH OF

THOMAS OLIVER HILL

To: The Scottish Courts and Tribunals Service

1. THE CITY OF EDINBURGH COUNCIL, a local authority constituted under the Local Government etc (Scotland) Act 1994, with principal place of business at Waverley Court, 4 East Market Street, Edinburgh EH8 8BG (the “Council”), being a person to whom a recommendation under section 26(1)(b) was addressed, do respond as follows.

2. • The Council has an interest in the inquiry but was not a participant in the inquiry. The Council, as licensing authority for the City of Edinburgh, has an interest in conditions for short term let licences.  

3. The Council is actively considering and taking legal advice on whether the current mandatory conditions of licence and the additional conditions of licence which the Council has adopted for STL licences would cover the concerns raised by the Sheriff’s determination. The Council will thereafter consider if it would be appropriate to introduce an additional licence condition(s) and will report to the relevant committee of the Council in Spring 2024 about options for doing this.

The Council is aware that Scottish Government officials are considering this issue as part of the planned review of the STL licensing system and will engage with this review. 

In the meantime, the Council is inspecting all properties for secondary letting and has added a check of portable gas devices to the checklist to determine the extent of their use in that sector. This will help inform the need for any additional licence condition.