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A judge has dismissed a case against a farm shop business that was accused of health and safety failings.

Paul Palmer, 49, the former owner of Mackenzies Smoked Products at Blubberhouses, near Otley, appeared at York Crown Court on Thursday after his legal team applied to have the charges against him dismissed.

It was alleged that the business exposed staff to unsafe sewage storage systems and that there were not enough safety checks in place.

Judge Simon Hickey ruled that the case could only be prosecuted by the Health and Safety Executive rather than North Yorkshire Council, who had brought the prosecution to court.

The court previously heard that between 30 November 2021 and 21 December 2022, sufficient safety checks were allegedly not in place to ensure the lid of an effluent tank at Mackenzies Farm Shop, on Woodnook Farm, Blubberhouses, was properly secured for employees.

Judge Hickey said: “The application to dismiss must succeed and the Health and Safety Executive must be the proper prosecution authority.

“This hearing concerns the issue of whether North Yorkshire Council has the jurisdiction to bring proceedings, and it does have the jurisdiction.

“I can’t have any knowledge of what was going on at the premises and it should be the authority who decides whether there was this activity going on.”

Mackenzies Farm Shop was liquidated last year and according to its website, it has been under new management since November 2023.

The shop has a café that serves an array of locally sourced products, including fresh fruit and vegetables and meat.

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