Nowadays, the purchase of alcohol is a relatively simple operation with three outlets in the village providing an off sales facility. But it was not always so.
Nowadays, the purchase of alcohol is a relatively simple operation with three outlets in the village providing an off sales facility. But it was not always so.
Prior to the coming of the railway in the mid 19th century the village of Kemnay did not exist.
The Turnpike Road (Victoria Terrace, Grove Road and Monymusk Road) was constructed in the mid 1820s and superseded some of the previous road systems. One of these was the road from Monymusk to Oldmeldrum, part of which now remains as St. Bryde's Road and Paradise Road. On the side of this, to the west of what is now the High Street, was a general merchant's shop.
In December 1851 these premises were offered for lease and the successful applicant was William Maitland, a young chap in his early thirties from Pitmachie near Old Rayne whose offer of £15 per annum was accepted. There is a possibility that he also had a croft along with the shop – quite a common thing amongst artisans. In 1862 he acquired a 99 year lease from the laird for half an acre of land, on part of these lands was his shop and his recently erected dwelling house. The measurements given for his area of land were 173 feet along High Street, 160 feet along St Bryde's Road, 150 feet along the boundary with present day Albyn Place and the remaining dimension was 120 feet from St Bryde's Road to the Albyn Place boundary.
Maitland's business flourished as within ten years of his arrival the Alford Valley Railway was being constructed and as a result of that, quarries were opened on Paradise Hill to supply granite for the railway contract, thus bringing hundreds of people to the area. Once the railway was completed considerable numbers stayed on to work in the quarries and consequently this caused a need for accommodation. John Fyfe, the quarrymaster, eased this problem by the erection of 4 blocks of tenemented property – two on the side of the road passing over the shoulder of Paradise Hill, these were named Paradise Cottages or more colloquially, The Raa; and another two blocks down beside the road leading to Dalmadilly, one called the High Siding and the other, the Low Siding. These blocks housed almost forty families, numbering around 200 people.
In 1861 the laird, Alexander George Burnett had plans drawn up for development of the area around the new Kemnay Station in which he envisaged the erection of villas and other superior dwellings to be used, as he thought, for artisans etc. What actually happened was that building leases were taken up by enterprising quarry workers who proceeded to erect tenements housing four or maybe six tenants and quite often with an adjoining commercial building, the tenant of which unit stayed in a part of the adjoining property.
Quite soon there was a flourishing village with a reasonable mix of shops providing services to the people. Besides Maitland's shop these included general merchants, shoemakers, bakers, a watchmaker, saddler and others.
Despite it being conditional on his lease that there should be no sale or trafficking in ales or spirits, around 1877 Maitland obtained an off sales licence to deal in these commodities. This meant that sales of alcohol could be made, but consumption had to be outwith the premises. Prior to this, if anyone wished to partake of alcoholic liquor they had to go furth of the parish as there were no other licensed premises within the parish boundary. There were off sales premises at Burnhervie (frequented by quarriers), Port Elphinstone, Kintore, Mrs Grant's Inn at Monymusk and Lucky Lawson's at Millbank.
Following Maitland's obtaining a licence, many folk – mainly quarriers – used to purchase liquor on a Saturday afternoon and congregate round about and consume their drink. On a Saturday the shop did not close until 10 p.m. and one can easily picture the situation with anything up to 200 folk milling around the area in varying states of intoxication. No offence was being caused by Maitland, but one can easily understand that the householders in the area were quite annoyed with the situation.
Over the years Maitland's business seemed to have its ups and downs and several times he used the building lease as security to borrow money. All the while, the village was growing. By the end of 1879, 44 building leases had been granted in and around the village, on the most of which tenemented properties (properties housing more than one tenant) were built. By 1887 another 18 leases had been granted and in 1888 alone a further 10 had been leased.
In 1877 William Maitland approached the laird, Alexander George Burnett about obtaining a license to deal in alcoholic liquor although the terms of his lease forbade this. A G Burnett tentatively agreed to this but it was, however, distinctly understood that the license was to be held during the pleasure of the laird, and was purely a personal matter between him and Mr Maitland.
The next ten years were somewhat bumpy for William Maitland and it transpires that "on 2nd August 1886, William Maitland and William Maitland junior, sole partners of the firm of William Maitland and Company, carrying on business as merchants in Kemnay, executed a trust deed to trustees for behoof of their creditors, and the trustees sold the business to George Milne the whole stock in trade then in the premises at Kemnay". Maitland senior was kept on as he was the license holder.
With these changes in circumstances some of the village people saw an opportunity to try and air their grievances as to the problems they had been experiencing for the past few years. Whether George Milne made an application to the local court for a change in licence, I cannot say, but eventually court proceedings were initiated by the laird, Alexander George Burnett, no doubt abetted by some of the more vociferous in the community, to try and have the licence revoked.
The laird was by that time seventy years old and, depending on which viewpoint you take, he was somewhat dottery (family view) while reading some of the tributes from other parts of the public, as well as being sometimes held up to ridicule, he was also quite highly regarded. The process of law being as it is, things rumbled on for some time between the solicitors on both sides of the argument as each put forward their points and received the relative answers.
Eventually, on 14th September 1887, the matter came before William Alexander Brown, Esquire, advocate, sheriff-substitute of Aberdeen, Kincardine and Banff.
William Maitland (64) took the stand and gave his story of life in Kemnay over the previous thirty six years and how in 1877 he got a license to retail exciseable liquors, knowing full well that his title deed did not permit this. He discussed the matter with the laird, Alexander George Burnett, who eventually allowed the application to proceed, on the understanding that he would be able to rescind the agreement if he so desired. This license was renewed annually and once or twice a petition was drawn up against the application. In August of 1886, he became insolvent and granted a trust deed for behoof of his creditors and eventually the business was acquired by Mr George Milne, who retained the services of William Maitland until the January of 1887.
James Allardyce (57) a retired colonel from Queen's Terrace, Aberdeen, had stayed briefly in the village in the summer of 1884 as he had taken some fishing on the river. He had written to W. Kendal Burnett, son of the laird, who was an advocate in Aberdeen, and who carried out the estate work for Kemnay as he had thought of taking out a building lease in the village, but this arrangement eventually fell through.
John Dimmock (46) the Free Kirk Minister and who described himself as a total abstainer took the stand and gave a lengthy description of the behaviour of the quarry workers on a Saturday night in the area round Maitland's shop. The Free Kirk Manse was the first building on St Bryde's Road beyond the lane leading down to Station Road. He described how the behaviour of the people had become worse over the years and how he had seen as many as forty people in smaller groups congregated in the area drinking out of bottles. He said that he did not come in contact with persons who insisted on having liquor as these kind of people were not members of his congregation.
The laird then took the stand and spoke of his dealings with Maitland over the years and described, somewhat vaguely Maitland's application for a license to deal in alcoholic liquors. He then referred to Colonel Allardyce's application for a feu and how that fell through. He made reference to complaints by Rev. John Dimock, and also one from Mr McDonald, the baker and his wife, who were both abstainers. Burnett said that he was not a total abstainer although he did not buy liquor from Maitland's shop and he had no sympathy for those who were abstainers.
Under cross examination Burnett's evidence is very much… 'so far as I can remember', 'I do not recollect', 'I could not say, 'I do not know', and so on. He was asked if beer had been purchased on his behalf, he replied 'I do not recollect that on 26th July 1878 there was ordered on my behalf a dozen of Bass beer from Mr Maitland's shop. That may have taken place, because I would not have had the same objection to that, or place it in the same category as spirits.' When posed with the question if he purchased whisky on a specific date he replied ' I am sure that I never got whisky on the 28th of June 1882, nor paid for it.'
He stated that he had no objection to the granting of a hotel license.
John Ross, chief constable of the county of Aberdeen stated that he had received a report from the constable of Kemnay (which he had requested to be made up on account of information that had reached him). He transmitted the report to Mr Kendal Burnett, who was acting on behalf of the laird.
John Davidson (57) stated that he had lived in Kemnay for twenty one years (he stayed in what is now Nechtan, across St Bryde's Road from Maitland's shop). He said that there had been a change for the worse since the license had been granted and he could not recollect people congregating there and making a disturbance prior to the granting of the license. He spoke of the filthy language and the behaviour of those who gathered mainly on a Saturday night. The main objection he had was of the people sitting on his paling and slackening it, a matter which he had spoken to the police about on two occasions. He did say that he would not have built his house if he had known how things were to transpire. He also felt that the value of his property had been affected by the circumstances.
Alexander Forbes (58) had stayed at the Cottage for four years and had seen people drinking on St Bryde's Road in groups of about fifty, as well as in the wood behind his house at times as late as three o' clock on Sunday morning. The situation was such that his house servant refused to go out of the house because of the presence of the men outside.
John Bothwell (37) had been constable in the village since the previous July and was acquainted with the shop and the area and the practice of drinking, which he said was mainly on pay Saturdays, every second week. He had seen up to a hundred people congregated there but never as many as two or three hundred. He admitted that he had, on a number of occasions, to 'reprove' them for their filthy language and behaviour. He said that the only complaint he had from the public was from Davidson who complained once about people sitting on his railing. Under cross examination he said that he had never had to apprehend any person in Kemnay as being drunk and disorderly and that there had been no breach of the peace tried from Kemnay in his time.
George Milne (25) took the stand, saying that he was the defender and the sole partner of William Maitland and Company and that he had purchased the property in August of the previous year for £1100. He also took over the stock and goodwill of the company for which he paid at 24s 9d in the pound amounting to a further £1172. He was aware that there was a grocer's license as the business had been advertised as a licensed business. He assumed William Maitland senior as a partner but that had been dissolved the previous January, since when Mr Burnett had not been in the shop and he had cancelled his account. Milne said that he supplied five hundred households within a radius of two or three miles with exciseable liquors including spirits, wines, porter and ales, and beer. He then described the premises and said that over the course of a year he sold about 800 gallons of whisky and about 100 gallons of foreign spirits, including brandy and rum and about twelve dozen different kinds of wine over a year. He sold about forty eight casks of porter, ale and beer, each containing 36 gallons. He also sold aerated water. He said that there were more total abstainers in Kemnay than in the surrounding area and it was they who complained about the license. He had carried out a poll in the area and felt that the majority were in favour of retaining the license.
William Milne (41) stated that he was a constable in the Aberdeenshire Constabulary stationed in Inverurie but had been previously stationed at Kemnay for nine years. He was well acquainted with the premises of the shop in question and felt that they were well suited to the purposes for which they were being used. He knew both the present and former owners of the business and had never received any complaints as to their running of the business. He said that there were a good few drunk and disorderly as well as breach of the peace cases tried in this court during his time there.
Mr Ronald (81) a weaver to trade and a native of Kemnay said he could remember when there was no license in Kemnay, the nearest being Burnharvey which was about two miles north of the village and on the other side of the Don. Before there was a license in the village the quarriers had to resort to Burnharvey, crossing the Don as there was then no bridge in that area. They were quite unruly on their return but it was not necessary for them to go into the village. He said the village was quieter now since Mr Milne had obtained a license but could not compare it with earlier times as he now lived in Dalmadilly although he had a shop in the village which he had given up as a result of ill health. As he was never in the village during the evenings he could not report on the situation that prevailed at that time.
George Coutts (35) said that he was an architect in Aberdeen and that he had visited Mr Milne's premises the previous Saturday and prepared a plan and he thought the premises were quite suitable for a grocer's license.
George Charles (24) said that he had lived in the parish for fourteen years and that he had been building for a few years on his own account. He stated that there were seventy three houses in the village, forty two of which had been erected during the previous ten years. Most of these houses were tenanted by working people. He said that he had been present the previous evening, along with John Milne and Andrew Troup, Kemnay when they had counted the houses.
Maria Ann Grant said that she had kept the books for Maitland & Company and now Mr Milne for about five years. She said that as many as 400 or 500 people were supplied with drink on pay Saturdays. She pointed out two entries in the shop books – one for one dozen bass, one dozen matches and one dozen ginger beer on 2nd June 1883 which was bought and paid for by Mr Burnett's house account. Another entry of one gill of whisky was purchased on behalf of the farm account on 28th June 1882. She admitted that Mr Burnett used to visit the shop but had not done so since Mr Maitland left. He had since closed his account. She recalled a meeting between Mr Maitland and Mr Milne regarding a letter but she took no part in the discussion. Under cross examination she said that there were two assistants in the shop besides herself and that Mr Milne regularly served customers.
The proof adjourned at that point and reconvened on 1st November 1887 with evidence from John Melvin (42) tenant farmer of Mains of Kemnay and also a feuar in the village. He had stayed in Kemnay for fifteen years and discussed the number of houses that had been built in the village over that period and that he had never heard of anyone refusing to take a feu because of the existence of a grocer's license. He would prefer a licensed grocer's shop than none and his opinion was that there should also be a hotel. He did not think that the existence of a license contributed in any way to increased disturbances.
Isaac Wright (32), a baker in the village gave evidence similar to Melvin's. He would prefer premises with a grocer's license rather than a hotel license, saying that he would not take whisky supplied from a hotel as it was too much mixed with water.
Andrew Troup (47) had been a shoemaker in the village for twenty two years and was also a feuar. He found no problem about there being a licensed grocer in the village – there might have been more problems before the license was granted.
Alexander Mitchell (65) had been a saddler in the village for nine years and the grocer had had a license all that time. He saw no problem with it and saw no reason why there should not be a license in the village. He required drink to give to his customers when they called and was not inconvenienced from disturbance even though his shop was exactly opposite the grocer's shop.
James Auchinachie (47) had been a porter at the railway station for twenty two years and could remember the times before Mr Maitland was granted a license. He experienced considerable problems with drunken people at the station before that. He could only relate about what happened around the station and had sparse knowledge of what happened in the village. He had not seen gatherings of a hundred, not even fifty possibly around ten and these were gathered from about six to nine in the evening.
The last witness at that sitting of the court was Francis Stephen (58) who was the agent for the North of Scotland Bank at Alford and clerk to the Licensing Justices who gave his recollections of Maitland's application for a license in 1877
The court reconvened on 21st November 1887 when Robert Downie Leslie (39) an advocate in Aberdeen who prepared the trust deed which Maitland eventually signed, gave evidence. References were made to a letter (supposedly regarding the original application for a license) but his recollections were quite vague.
William Maitland was re-examined mainly regarding the letter but again he was quite vague on matters, covering this with 'my memory is not as good as it was'.
William Maitland was then cleared.
The court eventually found in favour of Burnett and the defender (Milne) appealed to the Sheriff, which appeal was dismissed.
The defender then appealed to the second division of the Court of Session but the result of that appeal is not to hand.
The final outcome of the saga was that Milne lost the license and had to pay expenses (amounting to £93 15s 3d possibly around £8000 at today's rates) thus resulting in the business being put up for sale. Milne left the area at that time.
William Maitland acquired the Post Office agency and opened in a new building across the road (then called Bremner's Building after the builder William Bremner of Alehousewells farm) and now housing the chemist's business. The Post Office occupied the end next to Paradise Road, the door being where the post box now is.
Alexander Gordon who had a shop in Port Elphinstone acquired the business and built up a good business which flourished until 1960.
Andrew Petrie operated a general merchant's business in premises where the Burnett Arms Hotel now is. He acquired a building lease for ground at the corner of High Street and Station Road and erected the fine premises there and expanded his business considerably. Before giving up the premises across the railway, he applied for and gained a hotel license and, following the sale by Petrie, there came into being the Burnett Arms Hotel.
The village remained 'dry' until towards the end of the Second World War when both grocers – Alexander Gordon and Son and Peter Innes – at last had permission to deal in exciseable liquors, as evidenced from a promotional poem of the time: 'The grocers noo are feelin frisky, Since they can sell baith beer and whisky'