More than 1,800 people have signed a petition to save Kinross Beer Garden after the council issued a removal notice.
The facility has become a popular summer fixture in Market Park since it was launched in July 2020 due to Covid social distancing measures.
It effectively operates as an outdoor pub at weekends, with drinks served in a marquee.
But Perth and Kinross Council’s planning department says it has received complaints and claims the development “does not contribute positively to the surrounding environment.”
It has ordered for the removal of all related items by July 20.
The demand has sparked an outcry among locals, with almost 2,000 signing a ‘save your beer garden’ petition less than 48 hours after it was set up.
Market Park is owned by Kinross Estate, whose director Jamie Montgomery was instrumental in setting up the beer garden.
He said: “The support we have received has been unbelievable so we almost certainly will appeal the decision.
“A handful of killjoys are depriving large chunks of the local community of a really popular facility.”
‘No justification’, says civic trust
Kinross Beer Garden is operated by Green Hotel, which is tied in with Loch Leven Brewery and Loch Leven Gin.
The premises opened on July 17 2020, when indoor pubs were restricted by social distancing measures.
It ran on Fridays, Saturdays and Sundays until September and did the same in 2021, beginning in May.
Last year its application for a formal premises licence was withdrawn after eight objections.
One of these was from Kinross-shire Civic Trust, who noted the easing of social distancing measures.
They added: “There is therefore no justification for so much designated open space to be taken up with marquees, toilet cubicles, acoustic screens etc.
“There are licensed premises just a few yards away at the Loch Leven Brewery and Green Hotel.
“A few hundred yards away the Muirs Inn, Kirklands Hotel and Salutation Hotel all have outdoor seating areas.
“The Green Hotel has a facility for live music.”
Council – amenity being ‘compromised’
The beer garden has instead made weekly applications to Perth and Kinross’ licensing board for short-term licences.
This year, due to the end of Covid restrictions and on advice from the licensing department, it has limited its offering to 28 days over a 12-month period.
So it had planned to open on Fridays and Saturdays from the end of May to the end of August.
Liven up your inbox with our new Perth and Kinross newsletter. Sign up now to get all the most important stories delivered to you each week.
But the council’s planning department has other ideas.
It has lodged an enforcement notice that cites “alleged unauthorised erection of marquee, placement of storage containers, toilet facilities, fencing and a converted trailer.”
It added: “There are a number of residential receptors and a public road in close proximity to the site.
“The amenity of those receptors will be compromised by the development through disturbance caused by noise and lighting, lacking proper mitigation.”
Kinross Beer Garden ‘brilliant asset for the local community’
The petition has been vehemently backed online.
Cheryl Millar wrote: “This is such a brilliant asset for the local community.
“We have young kids and it has been lovely to pop down and enjoy time outdoors in the beer garden while the kids play.”
Susan Bathgate added: “What if there is another pandemic and need for social distancing, or other unforeseen events where such a space and amenity are needed?
“This decision has not had a 360 degree view taken on it, at all.
“Don’t bash social capital wherever you see it.
“It is a valuable and hard to find/build commodity.”
Kinross-shire councillor Neil Freshwater (Conservative) said: “It’s one of the few community spaces in Kinross that brings people together in the milder months and there does seem to have been a huge number of objections to the closure.”
He added: “I hope that there can be a constructive dialogue between the owners, community and PKC planning officers to find a resolution.
“One option could be for a proper planning application to be submitted so that the beer garden’s long-term future can be given full consideration.”
“It is a real family facility, which is why everyone is up in arms about it,” Jamie said.
‘Detailed justification’ needed
Perth and Kinross Council says there has been lengthy engagement with beer garden operators over planning permission requirements.
“Particularly around the need for detailed justification for the departure from planning policy and the process for managing the impact of noise and lighting on neighbours,” a spokesperson added.
“As this is not in place, they were advised in December that an enforcement notice would be served if the marquee remained on site.
“The marquee was removed for a period of time in May, but once it was returned to the site the enforcement notice was issued.
“The operators have been provided with details of how to submit an appeal against the notice.”
