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Glenforsa Cafe - Objection Letter

Argyll and Bute Council · 27 February 2024
Back to Argyll and Bute Licensing Board — 27 February 2024 and its agenda

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Our ref:  FSS/0001/098469/LDC/AH/MC
Your ref:       
Argyll & Bute Licensing Board
Legal & Regulated Support 
Kilmory 
Lochgilphead
PA31 8RT 
Email: licensing@argyll-bute.gov.uk 
12 February 2024 
Dear Clerk 
Application for Provisional Premises Licence by Benmore Estate Limited for Glenforsa Café and
Farm Shop
Notice of Objection 
We act on behalf of Brendan Walsh and Alison Walsh who are the owners and operators of the Glenforsa
Hotel.  Our clients wish to object to the grant of a proposed provisional premises licence application by
Benmore Estate Limited for Glenforsa Café and Farm Shop. 
Our clients submit that the grant of the provisional premises licence as proposed should be refused having
regard to Sections 25(a), (c), (d) and (e) of the Licensing (Scotland) Act 2005.  The details explained below.   
Background 
Our clients are the owners and operators of Glenforsa Hotel since 2003.  It is run by the family business. 
Our clients purchased the premises from a failed business and turned it into a thriving part of the local
community, which employs local staff and contributes to the local economy through their suppliers.  Our
clients are accordingly in their 21st season and operate between April and mid-October.   
The Glenforsa Hotel comprises a restaurant and bar, a residents lounge, a private lounge for small
functions.  It has 14 en-suite bedrooms and one self-catering lodge. 
Objections 
Our clients consider that your grant of the provisional premises licence as proposed would be inconsistent
with the licensing objectors of preventing crime and disorder, securing public safety and preventing public
nuisance. Our clients are separately of the view that the licence as proposed should be refused having
regard to the nature of the activities proposed and the location of the premises.   
Our clients’ understanding of the proposal of the applicant (based on the information disclosed by the
Board’s licensing officer) is to operate as a café and farm shop.  The operating plan, however, discloses the
proposed operation well beyond that general description.  The operating plan seeks that the sale of the
alcohol for up to 60 persons on the premises, until midnight every night.

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The premises do not have any accommodation.  The location of the premises do not benefit from any public
transport links.  In the circumstances, our clients are concerned that the location of these premises, the
absence of public transport, and the consumption of on sales alcohol with no option of accommodation for
drinkers presents a risk to the licensing objectives. Specifically that there is a clear and substantial risk of
crime and disorder and inconsistency with securing public safety objective as customers will be tempted to
drive under the influence.   
Our clients’ premises cater for the sale of food until 9 pm and drinks until 11 pm.  They offer
accommodation, and in the circumstances and therefore persons who might otherwise consider driving to
be afforded the opportunity of accommodation on the premises to mitigate against the dangers of drink
driving.   
Our clients also feel that the description of the premises as a café and farm shop is not consistent with the
operation of the premises which seeks to have activities such as restaurant facilities, bar meals, receptions,
club meetings, recorded music, live performances, televised sport and outdoor drinking facilities.  In addition
our clients notes that permission for restaurant facilities and recorded music is sought for outwith core
hours.   
Our clients are therefore concerned that the operation of these premises in this location with outdoor
drinking facilities, and operation outwith core hours could lead to a level of public nuisance not consistent
with this quiet surround. 
Separately, our clients consider that the grant of the licence would result in an overprovision of licensed
premises in the locality for the hours proposed to be operated.  In this location, our clients already provides
alcohol until 11 pm.  Furthermore, there are facilities one mile away in the village of Salen.   
In Salen there is a hotel with a bar and restaurant.  Our clients operated an Italian Restaurant in Salen, but
those premises required to close in 2017 due to a lack of trade in the area.  Our clients are therefore
concerned that should these premises operate such late hours for the provision of alcohol, it could result in
the effect of closure of other existing premises, including their own.  In the circumstances, it is submitted
that there are sufficient licensed premises within this locality and as a result the grant of a further license for
such late hours would result in an over provision of licensed premises in the area. 
It is further submitted in respect of this ground of objection operation of the premises to 12 midnight to serve
alcohol is not consistent with the description of the premises as a café and farm shop.   
Our clients would not object to the grant of this provisional premises license on the ground of over provision,
for example, if this licence however is restricted to daytime trade, terminating in the early evening,
consistent with a café operation.   
Thank you for your consideration of this objection and we look forward to hearing from you. 
Yours faithfully 
Andrew Hunter 
Partner
Harper Macleod LLP 
Direct Dial: 0141 227 9388
Email: andrew.hunter@harpermacleod.co.uk