A process which could have seen a Kirkwall pub’s alcohol licence reviewed, fell flat after a mix-up over the accusations.
The Orkney Area Licensing Board met yesterday to consider an application from the police. The application levelled allegations of a breach of the premises licence held for the St Ola Hotel, on Kirkwall’s harbour front.
However, the issue was abandoned – at least for the day – as it dawned on those at the meeting that the hotel’s owners and the board had been told to prepare for the wrong set of accusations.
The board and the owner of the St Ola Hotel had been told the accusations were around selling alcohol outside the allowed times stated in the premises’ alcohol licence.
However, the police’s accusations were based on when they had seen alcohol being consumed at the premises – rather than sold – after the terminal hour of 1am and after the 15-minute “drinking up” grace period had passed.
The allegations were claimed to have occurred on December 11 and 17, at 1.18am and 1.20am respectively.
The holder of the hotel’s premises licence and their solicitor were present for the meeting
A representative from Police Scotland also attended.
Hearing over alcohol licence held by St Ola Hotel requested by police
The board’s clerk, Gavin Mitchell, explained that the alleged breach centred around the sale of alcohol after the time limit stated in the St Ola Hotel’s licence.
The board were being invited to decide if the police’s application was “frivolous or vexatious”.
If they had decided it wasn’t then a hearing would have been held.
However, the police representative went on to contradict the information given by Mr Mitchell.
The officer from Police Scotland said: “Our report has been available to be read prior to today.
“It relates to two instances, one weekend after the next, where police officers conducted licenced premises checks at closing time.
“They observed the premises in question was still open 30mins after closing time.
“I wanted to point out it’s not that we’re inferring alcohol was sold after the terminal hour.
“It’s that alcohol was being consumed after the statutory 15-minute period for drinking up.”
With some confusion, board member Rachael King asked for some clarification.
It became clear that the allegations against the St Ola Hotel, as understood by the board and the licence holder didn’t match those held by the police.
Confusion
Mr Mitchell said: “What the sergeant has said doesn’t align with the terms of the application.
“It’s quite clear that alcohol is to be sold on the premises only within the hours of licence.
“It isn’t alleged in the application that the wrongdoing was allowing alcohol to be consumed after operating hours.
“This is a new revelation in terms of what the application is.
“There is no actual condition of licence prohibiting the allowing of consumption of alcohol outwith the licenced hours.
“It’s a provision covered elsewhere but not in the actual licence condition.
“There’s an issue here in terms of the basis on which the issue is being pursued by the police.
With the mix-up now clear to all, the board was advised not to continue in considering the police’s application to review the St Ola Hotel’s licence to sell alcohol.
Mr Mitchell said a new application would have to be brought to the board if the matter was to continue.
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