Deli wins court fight to stay open amid Covid restrictions

A deli in Glasgow has been allowed to stay open after a court ruled in its favour – agreeing it met the definition of a “café”.

Eusebi Deli secured an interim interdict, preventing the council from shutting it down under coronavirus regulations.

Pubs and restaurants in the central belt have been forced to close until November 2, but cafes are exempt and can remain open until 6pm, so long as they do not serve alcohol.

The business on Park Road said it has been operating as a café since it reopened in the summer.

Owner Giovanna Eusebi told STV News: “My brother Edmund and I were absolutely overjoyed. Just for our team, because it was really was for them.

“We’ve got 40 staff in here, that’s 40 mortgages, 40 families.

“They can’t go home and take home half their pay and pay half their mortgage.

“And for our community as well. We are such an important part of this area in the West End. It feels like we’ve been here forever almost as well.”

Ms Eusebi said it was a choice of “do or die”.

She added: “And we are what we are. Our license says we are a cafe, given to us by the council, and our planning permission is a cafe.

“Between eight and ten in the morning, we’ve served something like 100 coffees.

“We fought our ground, we gave our numbers, we substantiated it with evidence and analytics.”

Stephen McGowan, partner and head of licencing for Scotland for TLT LLP, said: “Acting on behalf of Eusebi Deli we secured an interim interdict on October 19, preventing Glasgow City Council from issuing a closure order under the relevant coronavirus regulations.

“The court agreed with our submissions that the premises met the legal definition of ‘café’ under the regulations, meaning they can continue to trade.”

Glasgow City Council said its environmental health and trading standards officers have visited more than 1200 premises since the measures were introduced.

A spokeswoman said: “Overall, compliance is good but there are a number of establishments which, in our view, do not qualify for the licensed café exemption.

“Final warnings have now been issued and we will consider what appropriate enforcement action can be taken if businesses continue to trade as they are at present.

“Legal proceedings are now live in relation to one premises and, for that reason, it wouldn’t be appropriate for us to make any detailed comment on that case.

“However, our existing advice to businesses about what does and doesn’t constitute a café remains unchanged.”