THE owner of a fashionable caf in Stokesley High Street hopes to get a live music licence today, despite opposition from the police and a resident who claim the business is in a residential area.

Chapter's caf owner, Mrs Catherine Thompson, says jazz and latin music would be kept at a low volume for diners once or twice a month.

However, objectors claim it will disturb residents across the street and alter the character of the caf.

Chapter's is situated on an island in the High Street, next to Stokesley police station. There are some flats, a house and a bed and breakfast business nearby, plus shops and pubs.

Mrs Thompson applies for an entertainment licence at Hambleton council this morning.

Caf manager, Mr Phil Hogarth, hopes to be there. He told the D&S Times they simply wanted gentle music.

"Objectors claim the High Street is a residential area, but it isn't really. There are businesses and pubs all around. Pubs run karaoke nights, which are far noisier than the music we have, but they are within the law because karaoke doesn't involve entertainers."

"Our current licence only allows for two performers without a backing tape. It comes from the old days, when cafs had pianists. If we want three performers to play while people dine at tables, we need a different licence. This is a small caf, not a night club, and we don't have room for many musicians or a stage.

He has spoken to the objector, Mr John Jackson, of 51 High Street, whose wife runs a bed and breakfast business.

"Mr Jackson has complained before. I have spoken to him but he won't change his position. We will follow any conditions placed on the licence, such as limiting performances to odd Fridays and Saturdays, between 7 and 10pm, or installing a noise limiting device."

In reply, Mr Jackson said: "The Chapter's proprietors have done a smashing job but they don't need live music for success. There is nothing I can do to harm their quality of life, but they can destroy mine."

In his letter to Hambleton council, he states: "Granting a licence would allow the complete change of use to a fully licensed night club. Chapter's already enjoys a full pub licence. This should satisfy the owner without the need for live music. Everyone knows live music means loud music.

"The property has no sound insulation and it is totally unsuitable for live music, as was proved last summer when a jazz band could be heard 500 yards away. I live 30ft away."

Northallerton-based police licensing officer, Mr Kevin Suffield, visited the caf after Mr Jackson's complaint in July.

He has also objected, stating: "Live jazz or latin is not background music and such an application would alter the caf's style and operation. The business is in a residential area."

Environmental health officer, Mrs Cath White, received two complaints last summer from Mr Jackson. No sound monitoring has taken place and she has suggested weekly or fortnightly live performances should end at 10pm.

A recommendation will be given to Hambleton licensing committee this morning, once comments have been made by the applicant and objectors.