Brothers whose family have farmed in Yorkshire village since 1740 fined after assaulting police officer on drunken night out

William Kay, 27, and his younger siblings Robert, 26, and Charles, 22, were drinking in York city centre on ‘Mad Friday’ last year when they became involved in a mass fight outside the Popworld nightclub.

After middle brother Robert was arrested, William and Charles assaulted a police officer while trying to argue for him to be released so they could go home to the family farm in the village of Dunnington, near York.

All three pleaded guilty to using threatening and abusive words and behaviour, while William and Charles admitted assault of an emergency worker by beating while Robert had been handcuffed in a police van. However, District Judge Adrian Lower, sitting at York Magistrates Court, said it would not be appropriate to sentence the Kays to carry out unpaid work, as their father Gary ‘depends’ on their labour to run Undergate Farm.

Instead, William and Charles were fined £2,000 and ordered to pay the police constable they pushed and struck £100 each in compensation, while Robert was fined £1,000. All must also pay the court costs.

The court was told that the older brothers were protecting Charles after he had been ‘given some trouble’ in the nightclub which then re-ignited as they were leaving the venue. He and William became ‘irate’ at the arrest of Robert, who they did not feel was responsible for the violence.

In his police interview after the incident, William admitted having drunk 18 pints of lager as well as shots, but said his behaviour was ‘out of character’ as their work Christmas night out was one of few occasions when they would all drink heavily.

Their defence counsel told Judge Lower that the brothers often work from 7am until 9pm seven days a week, and usually only socialise occasionally at a local pub by playing darts. All still live on the farm with their father, and Robert has a wife and child. None had previous convictions.

Passing sentence, Judge Lower said: “You chose to get yourselves into that state. If I ordered you to do unpaid work, your father would be short-handed as he depends on you to keep the farm running and it would take you away from him. It would be a punishment on him. This is not the way you were brought up to behave.”

The Kay family have farmed in Dunnington since 1740, and have also owned the village pub, The Greyhound. Their father Gary has served on the Dunnington Fayre committee and been a parish councillor for over 35 years.