Falkirk's Orchard Hotel granted licence despite complaints

The Orchard Hotel in Falkirk’s Kerse Lane was granted an occasional licence to continue to use a large section of its car park as a beer garden, despite two objections from neighbours.

However, the hotel was told it cannot use the large fire pit in the beer garden until it gets permission from Environmental Health.

Areas such as car parks can be used under special Coronavirus legislation to help pubs keep trading through a difficult time.

But venues must reapply for their licence every two weeks and fresh objections meant the matter was before the board for the second time.

Speaking on behalf of the applicant, Archie MacIver said: “The hospitality industry has been hit really hard by the virus and at the present time premises are trading not really to make a profit but merely to survive as best they can.”

Mr MacIver said he had “a sense of deja vu” about the complaints and claimed other members of the local community were very supportive.

The neighbours objecting believe that the beer garden has been built to be a permanent feature and have asked Falkirk Council’s planning department to investigate.

One resident who attended the online meeting showed three short films to illustrate the type of problems he claims are caused by the hotel.

One film showed smoke created by the large fire pit the pub has been using.

Mr MacIver confirmed the fire pit was no longer being used and will not be until something more suitable is found.

The neighbour also showed a video of music blaring from the owner’s car sitting beside the hotel.

The board agreed that the car was outside the licenced area and therefore did not breach any conditions – although Councillor Allyson Black added that it did not show respect for the neighbours.In reply, Mr MacIver suggested that the business was under “intense scrutiny to the point of video surveillance” and respect was necessary on both sides.

A third video seemed to show two members of the public standing drinking in the beer garden, despite the venue’s licence having been granted on condition that all customers have to be seated.

The lawyer accepted that a member of staff had broken this condition but said it was “a one-off abberation”.

“As you’ll appreciate in the current situation there are 10 million things that licence holders and staff have to remember and she admits she made a mistake.

“This is one error on one occasion – not an indication of premises being run in a slipshod manner.”

Police Scotland reported that they had no objections to the application.

As he was granting the licence, Convener Niall Coleman made a plea for mutual respect.

He urged the business to understand it is in a residential area and it should act appropriately and reminded residents that the hotel is an established business and has a right to trade.