Residents win ban on ‘unbearable’ outdoor drinking at York bar after going to court

Residents have won a battle to restrict outdoor drinking at a York bar after taking their case to court.

Castlegate has been transformed since Covid, with bars on the street granted pavement café licences.

But it is also a residential street – and when a new bar, Howl, opened at number seven, residents hoped that City of York Council would take their needs into account.

They were dismayed that the council allowed the bar to licence an area at the back of Howl for outdoor drinking – next door to people’s homes.

So one of them, Graham Dykes, lodged an appeal under the Licensing Act 2003 with York Magistrates’ Court.

As a result, the council and the bar owners agreed to amend the conditions, saving the need for an appeal hearing.

The new rules prevent Howl’s customers from using the rear yard. And a second new condition states that “No drinks or drinking glasses shall be taken out of the licensed premises onto the pavement or highway save for the pavement café.”

Loss of privacy

Dr Dykes told YorkMix: “Residents on Castlegate have experienced a massive increase in outdoor drinking due to the pavement café decking along the street. 

“It was a step too far when the council granted permission for drinking and smoking into the night at the rear of residential properties too. 

“The loss of privacy and noise at the rear as well as the front would be unbearable.”

He said residents wanted to support the local businesses, particularly in these challenging times.

“Castlegate is one of the oldest residential streets in York. It is in the red zone of the Cumulative Impact Area,” Dr Dykes said.

“Residents and disabled city centre users have supported a lot to help local restaurants and bars during these difficult times – it has been of huge benefit to gain outdoor pavement café trade particularly when through lockdowns there would be none.  

“However, on the flip side disabled users have lost essential city centre access without any replacement provision and the street is noticeably noisier, with an increase in litter etc.”

Councillors ‘visibly uninterested’

When it came to the Howl application, he felt the council should have listened more carefully to the residents.

“The licensing committee didn’t give much weight to residents’ concerns, relying largely on police and public protection representations.  

“Residents felt frustrated because we didn’t get the opportunity to air concerns with responsible authorities prior to their recommendations to the committee being set.  

“This included a smoking area in a new rear beer garden created from demolition of part of the listed building, against York Civic Trust planning objections.  

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“Councillors in attendance virtually, appeared visibly uninterested in residents explaining the problems with extending outdoor customer use to rear areas amongst residential flats.”

Now he wants the council to take their continuing concerns more seriously.

“We want to encourage the council to keep a check on the excessive late night noise and antisocial behaviour on Castlegate, largely from nearby Kuda nightclub.  

“Until recently Kuda operators erected evening barriers at the bottom of Friargate. However this hasn’t been continuing and nights are often particularly disruptive from 1am through till 4am with fights, loud arguments, vandalism and anti-social behaviour.”