Nest destruction lands a £300 fine for Auchterarder worker

Oct 30 2009 by Les Stewart, Perthshire Advertiser Friday

THE nests of several housemartins – a threatened species whose numbers have been in long-term decline – were destroyed because they were “making a mess” at an upmarket Perthshire timeshare complex.

Perth Sheriff Court was told that guests at Duchally House Hotel, Auchterarder, saw an employee climb a stepladder and use a long pole to dislodge the mud nests which were being built under the eaves of the timeshare lodges.

They weren’t sure if that was legal and contacted the Royal Society for the Protection of Birds.

And when they confirmed it was against the law, the police were alerted.

The contravention of the 1981 Wildlife and Countryside Act resulted in 39-year-old Graham MacDonald, manager of Duchally House Hotel, being fined £300.

He admitted permitting David Gowrie to interfere with the nests in the grounds of the hotel on June 23 this year.

A not guilty plea from Kenneth Burns (57), of Honeysuckle Cottage, Auchterarder, was accepted by the prosecution.

Depute fiscal Stuart Richardson said that the large country hotel also comprised a timeshare complex consisting of a number of lodges.

The housemartins normally arrived in April before flying south after the summer.

A popular place for them to build their mud nests was under the eaves of the lodges.

The guests saw a man, later identified as David Gowrie, who was dressed in a hotel uniform, destroying the part-built nests.

When questioned, MacDonald said it was hotel policy at that time to remove the nests before they were completely built.

They did that before the birds and their young occupied them as they made a mess on furniture and decking at the lodges. After being advised it was against the law, the accused told police the policy would be changed.

Solicitor Neil Davidson said that MacKenzie was now working with the police wildlife liaison officer to come up with alternative solutions to deal with the problem and encourage the housemartins to nest elsewhere.

The hotel was active in various conservation projects and had received a Green Tourism silver award. It was now working towards the gold.

Imposing the fine, Sheriff Robert McCreadie acknowledged the change in attitude on the accused’s part to what was a threatened species and whose numbers were in long-term decline.