Three months ago, a Chester business owner launched a petition to save his café's outdoor seating after being told by the council to remove it.

Huxley's, a small café next to the Eastgate Clock, has just six tables inside and relies on a further six along the city walls to remain profitable. However, the alfresco area is now under threat after Cheshire West and Chester Council said the business could not keep its outdoor furniture.

Neil and Olga Chesters opened Huxley's in 2022, transforming a building that had sat empty for seven years.

Describing the former building as a "hotspot for drug-related activities", Neil said: "There were problems in the area; it was being used as a public toilet and it still is at night."

Neil revealed to Chester Nub News that the survival of the business model is uncertain (Nub News)

Since launching the petition, Neil said he has dealt with police visits, enforcement officers and formal complaints, as well as what he described as disputes with council figures.

He told Chester Nub News the future of the business is now uncertain.

"It's a beautiful city and I love it," he said. "We've worked so hard to make this a success that if we're forced to remove the alfresco seating, it puts the business at risk.

advertisement

"Our net profit is only around 5%, so if we lose even a small portion of trade, we're no longer viable. We could probably keep it going ourselves, but we'd have to let staff go, and I think we'd ultimately be forced to close.

"I earn less than minimum wage for the amount of work I put in, and most of my time over the past year has been spent dealing with this issue."

Before opening, Neil said they applied for an alfresco licence under the Business and Planning Act, introduced in 2020 to streamline applications.

He claims no response was received within the required timeframe, meaning permission was assumed under deemed consent.

"They didn't respond; we did the proper thing," the former economist added. "People had the opportunity then to make representations to the council. We didn't hear anything from the council in the timeline."

The Eastgate clock is the second most photographed clock in the world after Big Ben (Nub News)

Whilst preparing to renew his license, Neil received a letter, which he explained, outlined how no license would be granted, regardless of any fresh applications. 

In a letter he shared, officers said the proposal had been reviewed by planning, highways and community teams and would not be approved.

advertisement

Neil said a suggested compromise - removing the tables and applying for a separate highways licence for a single fixed bench - was not viable.

He added: "It's very clear, isn't it, that they're saying we are not giving you a licence. We're not going to allow this to be here. It isn't a compromise at all."

Neil emphasised his willingness to meet all "reasonable requests.", as he said: "We want to work with making the city beautiful and more lovely; I really believe we are. 

"The better the environment, the cleaner the environment, the better we do. 

"We wash the bird poo, clean the sick off the stairs, pick up the needles. We don't wait for the council to come because we'd be waiting for days."

Chester South and Eddisbury MP Aphra Brandreth has also backed the business, calling for a "sensible outcome" to be found.

She said: "Whilst it is important that we preserve what makes our city special, it is vital that we don't stifle enterprise or put in place barriers to trade without any perceivable benefit. 

Olga makes all of the cakes fresh each morning (Nub News)

"I am fully supportive of Huxley's efforts to bring vibrancy to the City of Chester and particularly the historic walls and the iconic Eastgate Clock through offering their customers outdoor seating. 

"If the seating is not an obstruction or a safety hazard then I see no reason why the Council wouldn't be supportive of it and I look forward to meeting with the council and Mr Chesters in due course."

In response to Nub News, Cheshire West and Chester Council said: "Chester has supported alfresco areas for many years; they help to attract visitors and benefit businesses. 

"There is legislation to ensure alfresco areas are suitable including an appropriate width of clear footway being always left clear past the area. The area must also be marked by clear barriers.

"Obstructions cause difficulties for visually impaired people, those with mobility issues and parents/carers with pushchairs. The City Walls attract many visitors and being narrow, they have to be kept free of obstructions.

"Rather than commence formal action in relation to this matter, the council has written to the owner of Huxley's with suggested options for a successful alfresco licence application. It is hoped this will lead to a constructive dialogue with the business."

You can find a link to the petition here.