Agenda item

The Sub-Committee considered a report of the Corporate Director Environment which sought determination of an application for a new premises licence in respect of Monk Park Farm, Green Lane, Bagby.

 

The Licensing Enforcement Officer introduced the report which had been circulated to all parties and the licence was for the following regulated entertainment:

 

·       Plays Monday – Sunday 10.00 – 22.00 on and off premises.

·       Live music Monday – Sunday 10 – 22.00 on and off premises.

·       Recorded music Monday – Sunday 10.00 – 22.00 on and off premises.

·       Performance of dance Monday – Sunday 10.00 – 22.00 on and off premises.

·       Supply of alcohol Monday – Sunday 10.00 – 22.00 on and off premises.

·       Hours open to the public Monday – Sunday 10.00 – 22.00.

 

The Sub-Committee heard that the applicant sought to licence the whole of Monk Park Farm and had offered conditions which were set out in the report.  The Licensing Enforcement Officer had also agreed conditions with North Yorkshire Police which were also contained within the report.

 

The Licensing Enforcement Officer explained that a representation had been received by a responsible authority, Environmental Protection.  The conditions recommended by Environmental Protection and contained in the report at Appendix 4 had been replaced with one new condition which had been agreed by the applicant:

 

The Licensing Enforcement Officer further stated that seven Temporary Event Notices (TENs) had been submitted covering 11 days between 18 July 2025 and 5 November 2025.  The Sub-Committee heard that there had been a couple of complaints regarding noise from those TENs and that a TEN had been submitted for the weekend just gone and a further complaint had been received.

 

The Licensing Enforcement Officer concluded by stating that 87 representations had been submitted by residents surrounding Monk Park Farm and the nearby vicinity and that many of the objectors were represented by a Solicitor, Mr Catterall who would speak on their behalf.

 

The Sub-Committee heard from:

 

The applicant Mr Navin;

Mr Catterall, Solicitor from Jacksons Solicitors, representing forty objectors;

Mr Radcliffe, a holiday home resident;

Mr Dea, a Sutton resident;

Peter McKenzie, Chairman of Bagby and Balk Parish Council;

Judith Benjamin, resident of Abbots Green;

Kevin Wilkie, resident of Abbots Green;

Councillor Alyson Baker, North Yorkshire Council Division Member.

 

In reaching their decision the Sub-Committee considered the following:

 

·       The details of the application and the proposed conditions.

·       That the applicant had agreed conditions with North Yorkshire Police and Environment Protection.

·       The representations received from: the Division Member; the Parish Council; Mr Catterall, Solicitor; and other residents.

·       The licensable area including bars and the large events field.

·       The sale of alcohol at family events.

·       The issue of noise emanating from and associated with the premises.

·       The applicant’s plans for the operation of the business including how the licensing objectives would be met.

·       Potential for increased traffic to and from the venue.

 

Decision

 

The Sub-Committee  RESOLVED to grant the application on the terms applied for subject to the following additional conditions:

 

1.     A noise hotline number shall be available throughout the duration of any licensed event.  The number for this hotline shall be made available prior to any licensed event starting.

2.     The Parish Council shall be notified, with reasonable notice and prior to any licensed event starting, of all licensed events taking place outside regular operating hours and shall be provided with the hotline number.

 

These conditions are in addition to the mandatory conditions, conditions provided by the applicant at pages 25-26 of the agenda bundle, the conditions agreed with North Yorkshire Police at pages 131 to 135 of the agenda bundle and the condition agreed with North Yorkshire Council Environmental Protection.

 

Environmental Protection Conditions

 

To clarify, the conditions initially provided by Environmental Protection at Appendix 4, pages 137 to 138 of the agenda bundle, have been removed and replaced with a new condition, as follows:

 

‘A Noise Management Plan (NMP) must be submitted to the Licensing Authority and the Environmental Protection Team no less than three months prior to the first music event being held on the outdoor stage.  The Noise Management Plan should identify how noise arising from the event will be effectively controlled so as to prevent public nuisance and shall have regard to relevant guidance including the Institute of Accoustics’ Code of Practice on Environmental Noise Control at Concerts or any subsequent revision thereto.

 

The NMP should include:

 

Details of an appointed noise consultant.

Consideration of all events involving live or recorded music.

Details of the number and frequency of outdoor staged music events.

Identification of external noise monitoring locations, developed in consultation with the noise consultant.

The criteria against which noise levels will be measured, along with predicted noise levels.

Details of how noise levels will be controlled and mitigation to be employed on site.

Notification to nearby residents and details of how noise complaints will be managed and action taken.

 

If there are any changes to the number or nature of events detailed in the plan, an updated NMP must be submitted to the Licensing Authority and the Environmental Protection team prior to those events taking place.