Our Licensing team is pleased to share a successful outcome for their client, Bike Base North York Moors Limited, relating to a premises in the North York Moors National Park. This follows a contested hearing about a before North Yorkshire Council’s Licensing Sub-Committee.
| The challenge
Bike Base, a family-run café and cycle-hire business in Great Ayton, applied for a new premises licence. The licence covered the sale and supply of alcohol, but, unusually, included a request for outdoor provision of recorded music, live music and performances of dance. The proposed hours were 9am to 8pm, seven days a week.
The application faced organised opposition from local residents. They raised concerns about noise travelling across the valley, potential anti-social behaviour, and also traffic on the narrow, unlit lane leading to the site.
Objectors pointed to a previous private function at the premises where music had reportedly been audible in the surrounding hills. They argued that extending licensable hours and activities risked changing the character of a quiet, rural National Park location.
| The outcome
Ed Smith, representing the applicants at the hearing, persuaded the Sub-Committee to grant the licence in full, as sought. The committee accepted Mr Smith’s submissions that:
- the application had been properly scrutinised by the relevant responsible authorities (crucially, including the local authority’s environmental protection team) and
that no evidence had been presented to show the four licensing objectives (crime and disorder, public safety, public nuisance, and the protection of children) would be undermined. - The panel also recognised the economic and employment benefits the business brings to a National Park community, and noted that any future concerns remain open to a licence review by the responsible authorities.
Our clients were delighted with the result, which secures the flexibility they need to grow a business that has already created numerous jobs in the local area. They said,
“We had a great experience using Levi Solicitors as we did get the outcome that we wanted and also using them took the stress out of the situation. [Ed’s] advice and reasoning was clear and accurate – during the hearing he was calm and concise which definitely diffused any high pressured situation.”
This decision is a useful reminder for hospitality operators in rural and National Park settings that:
1. Well-evidenced, cooperative engagement with responsible authorities carries significant weight at hearings.
2. Planning and licensing are separate regimes. A broader licence does not override existing planning restrictions. And
3. Objections rooted in speculation about future harm, rather than evidence of past incidents, are unlikely to defeat a well-prepared application.
| Speak to our Licensing team
If you are applying for or defending a premises licence, whether for a rural café, restaurant, bar or venue, our licensing solicitors can help you prepare a robust application and represent you at hearing. Call our team on 0800 988 7756 to discuss, or fill in our form and we will call you back.
