Three months ago, a Chester local and business owner launched a petition to save his city walls outdoor seating area after being told by the council to get rid of it.

Huxley's, a small cafe which sits next to one of the country's most famous landmarks, has just six tables inside.

It relies on a further six tables and chairs which sit along the city walls to stay profitable.

However, this alfresco dining area is under threat after the business was told by Cheshire West and Chester Council it could not keep its outdoor furniture.

Neil and Olga Chesters opened Huxley's in 2022 next to the Eastgate Clock, bringing an abandoned building back to life.

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

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

"There were people sitting on the steps begging, injecting each other in the feet with what I presume was heroin in the middle of the day."

Since launching the petition, Neil described visits from police, enforcement officers, letters, alleged reports of "defamatory statements made by council figures" and formal complaints "riddled with conflict of interest". 

With threats being made on the outdoor area, Neil revealed to Chester Nub News that the survival of the business model is uncertain.

He said: "It's a beautiful city and I love it.

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

"We've worked so hard to make this into a success that if we're forced to take away this alfresco, all their jobs go. We couldn't operate here sustainably without the alfresco seating. 

"It's not a sustainable business without the outdoor area. If you cut the takings by about 5%, we don't have a profit. 

"Our net profit at the business was about 5%. So as soon as we cut half, we could probably still operate it ourselves, but all of the staff would go.

"I think we probably would be forced to close completely and go and do something else.

"I earn less than minimum wage and I work a huge amount.

"In the last year, I've spent nearly all of it working on dealing with the council and their actions against us."

Before the couple took over the building, which had sat empty for seven years, Neil explained they had applied for an alfresco license.

The business was told by the council it could not keep its outdoor furniture (Nub News)

Citing the Business and Planning Act - introduced in 2020 in a bid to streamline outdoor seating applications - he revealed there was no response from the council and thus it was assumed the licence was granted automatically by deemed consent.

Former economist, Neil added: "They didn't respond; we did the proper thing. We advertised it saying we're applying for a licence. 

"People had the opportunity then to make representations to the council. None were received and we didn't hear anything from the council in the timeline. 

"There was a bit of to-ing and fro-ing with the council at the time. There were some letters exchanged, telephone calls, whatever. 

"And at the end of it, I was sent an email that said, we think you require planning permission. 

The building had been empty for seven years prior to the couple taking over (Nub News)

"And I never heard anything else again from them about these seats for three years."

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. 

Reading out the letter, he said: "Concerns have been raised regarding your alfresco in such a unique heritage space. Officers from planning, highways and communities teams have reviewed the case and agreed that permission would not be granted for this alfresco. 

"There are two main reasons for this. It does not meet accessibility guidelines in our alfresco policy, which requires two metres of clear pavement width. 

"The available footpath when your alfresco is out is 1.7 metres. Which is its narrowest.

Huxley's opened in 2022 (Nub News)

"We do not grant permission for alfresco dining spaces on a scheduled ancient monument. City walls are a scheduled ancient monument."

Neil 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. 

The business owner outlined the council's solution to the issue, in what it has itself described as a compromise. 

"It isn't a compromise at all," he added, "They said we could remove all the roof tables and chairs and apply for a separate highways licence.

"For one bench which could be, I presume, permanently fixed outside the door is the description. 

The building was run-down and empty when the pair took it over (Nub News)

"And then they said in writing if we were successful in getting these things, they would then consider a Business and Planning Act application, further away from the clock or from tables.

"They must have a barrier in front of them and provide two metres of clear passing space. So they'd want a barrier in front of them which would stop people sitting on them - and this is a compromise.

"We can accommodate all of the reasonable requests.

"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. 

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

"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."

Aphra Brandreth, MP for Chester South and Eddisbury has offered her support to Huxley's amid the ongoing battle.

She said: "Chester is a remarkable city and we must both preserve its heritage alongside ensuring that the city continues to thrive.

"Huxley's is one of the local businesses that is loved by locals and tourists alike. 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. 

"On behalf of my constituent Mr Chesters I have contacted Cheshire West and Chester council to help facilitate discussions towards a sensible outcome.

Cheshire West and Chester Council has confirmed correspondence with the local eatery (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 a 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.