Transfer of Kirkwall Hotel licence granted after day of legal wrangling

A legal wrangle over the future of the Kirkwall Hotel licence was finally resolved late yesterday afternoon when Orkney’s Licensing Board agreed to grant a temporary transfer of licence for the premises.

In what was described as a knife-edge decision, the members of the board voted by four votes to two in favour of the transfer.

Lawyers for the Northern Constabulary and the Kirkwall Hotel had been involved in day-long legal arguments over whether or not to temporarily transfer the seafront property’s licence from Mrs Debra Low, to the Firm of the Kirkwall Hotel, made up of Mrs Low, her husband Colin Low, and Mrs Barbara Scott. Mrs Scott is currently manager of the hotel.

Members heard that the application was being made by Mrs Low in light of, as her solicitor Mr Bob Shaw put it, a “public outcry” in Orkney regarding allegations made against her husband and the subsequent impact on their business.

Five men including Mr Low were arrested by Kirkwall police following an alleged incident in the Torvhaug Inn, Kirkwall, last November. They were all charged with crimes of disorder.

Mr Shaw said the couple could have sold the hotel, but instead had decided to step back and reduce their involvement in its running.

Mrs Low assured members that her husband would have nothing to do with the day-to-day running of the business and would not be on the premises again. Mr Shaw said Mr Low had applied for work on an offshore vessel.

The Northern Constabulary were objecting to the transfer on the grounds that the applicant (Mrs and Mrs Low and Mrs Scott) was not a fit and proper person to hold the hotel licence.

The constabulary’s lawyer Mr Alan Kerr said: “A partnership and its constituent partners cannot be separate; one is equal to the other. Whether Mr Low goes back to his fishing is neither here nor there. As long as he remains a partner in the firm he is liable.”

Much of the debate was heard behind closed doors, including police reference to any previous convictions Mr Low might have, although the licensing board’s legal officer recommended to members that it should be heard in public.