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Distillery Faces Objections Over Late-Night Alcohol Licence in Former School

The Dark Art Distillery in Kirkcudbright seeks permanent alcohol licensing, but neighbours object over noise and late-night concerns. The licensing board must now decide on the application.

By The UK Pulse Editorial Team·Source: BBC News··3 min read·How we work
The Dark Art Distillery in Kirkcudbright - a stone building with a tower-like structure. There are seats and daffodils in the foreground. It is an old school building with a "playground" in front

Residents and businesses sharing a converted school building in Kirkcudbright have raised concerns about plans to extend alcohol sales at The Dark Art Distillery, with some warning of potential "drunken carousing" late into the night. The distillery, which has operated from the former Johnston Primary School since 2021 using temporary occasional licences, is now seeking permanent permission to sell alcohol on site until midnight or 01:00 for special functions. According to BBC News, the licensing board's standards officer has noted the premises operated without issues since 2021, though multiple objections have been submitted citing noise, safety and community concerns.

The distillery, founded by Andrew Clark-Hutchison, who transitioned from finance to the drinks industry, produces gin, vodka and Scotland's first agave spirit using the same process and ingredients as tequila. The operation shares the building with other visitor attractions, including the Dark Space Planetarium and The Wee Pottery, as well as the Kirkcudbright Youth Project, which runs regular youth groups and activities on the premises.

What are the proposed licensing changes?

The distillery currently operates under occasional 14-day licences and wants to transition to permanent authorisation. Under the new application, off-sales would be permitted between 10:00 and 22:00, while on-site consumption would be allowed from 10:30 to midnight, or 01:00 for approved special functions. The distillery typically closes at 15:00 on most days, but management argues the extended hours would provide flexibility for larger pre-booked tours, tastings and special events. A licensing report noted that the applicant confirmed these later hours would be used infrequently and only where demand requires.

What concerns have neighbours raised?

Multiple objections have been lodged citing unacceptable noise levels already emanating from the building. One resident stated:

The evenings are already particularly bad but we know they will be over by 22:00 hours at least. The thought of drunken adults carousing until midnight and beyond doesn't bear thinking about, particularly as we have no police presence in the town.

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Another objection warned of a "detrimental impact on residents, public safety, community well-being, and the area's residential character". Concerns were also raised about parking arrangements and the distillery's plans to show televised sporting events. One resident noted:

Supporters of team sports are hardly the quietest of members of society after drink.

The manager of the nearby planetarium expressed particular concern about the proximity of extended distillery operations to children and vulnerable adults already using the building daily, describing the plans as "highly inappropriate".

What does the licensing officer say?

The licensing board's standards officer reported that the premises had been in operation since 2021 without any issues or concerns, and she had "no adverse comments to make" about the application. This assessment contrasts with the concerns raised by neighbouring occupants and residents.

What is the distillery's background?

The former school was repurposed by Kirkcudbright's development trust, with the distillery occupying two former classrooms. The operation's 450-litre still is named Peggy, after founder Clark-Hutchison's grandmother, who came from Kirkcudbright. The distillery's master distiller, Gerard Macluskey, worked with Clark-Hutchison on developing the agave spirit Vespero.

What happens next?

Dumfries and Galloway's licensing board will decide whether to approve the application. The decision will need to balance the distillery's operational history and economic contribution against the concerns raised by residents and other businesses sharing the building.

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