A diner in Ryde was forced to close just hours after reopening for the first time in months yesterday (Monday).
The Isle of Wight Council is said to have told AJ's Diner that its outside seating did not qualify as being 'outdoors'.
Like most restaurants across the country, the American-style eatery - based in Ryde's Royal Victoria Arcade - had started welcoming back customers.
Staff thought they'd make the most of the the Government's 'outdoors' rule, which allows those in the hospitality sector to serve customers outside.
Royal Victoria Arcade (C) Google Maps.
According to a post on its Facebook page, seating and tables were placed outside the premises, but still within the Arcade.
It's claimed that this did not fir the criteria for outside seating, and that the Isle of Wight Council promptly shut down the diner.
A spokesperson for Royal Victoria Arcade said it was "disappointed" by the decision:
"The front of the Arcade is open to Union Street and the back doors are open, so probably better ventilated than many other concourses around the country where cafes and restaurants are open.
"Notably cafes and restaurants are open throughout England in railway stations and other public undercover areas. Also the main Arcade is much larger and possibly better ventilated than marquees and other 'outside' undercover areas."
AJ's says it will now have to wait yet another month to reopen again.
The diner said:
"It is with regret and apologies that we were informed yesterday by the local council that due to our geographical position we are actually NOT allowed to re-open our beloved Diner until the 17th May, so have been forced to shut down until this time."
*Updated*
An Isle of Wight Council spokesperson said:
“The government’s regulations are clear and use exactly the same definitions it uses to describe smoking shelters which also must be outdoors. To be considered ‘outdoors’, shelters, marquees and other structures can have a roof but need to have at least 50 per cent of the area of their walls open at all times while in use.
“There is no latitude in either of these definitions and council officers must apply them consistently across all businesses. This also helps them to be fair in how they apply the regulations as there is no element of subjectivity allowed for in the judgement about indoors or outdoors.
“In this instance, once the officer advised the business of the situation they decided to close. This was a misunderstanding of the regulations and, as appropriate action was taken, the business was not issued with any financial penalties.
“The next few months are going to be busy for the hospitality sector and the Regulatory Services team, with the support of the COVID officers, will be working with premises to ensure all venues are as safe as possible.
“These measures will protect the safety of customers and staff and will be critical in limiting the risk of coronavirus transmission and help us move forward to step three in line with the government roadmap.”
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