The owner of an Italian restaurant in the west end of Glasgow has launched legal action against the council over a decision to ban the use of temporary outdoor dining pods.

Giovanna Eusebi is seeking a judicial review after being told to remove the £70,000 structures, on land they have permission to use, because they breached hospitality permissions for outdoor spaces.

The standard conditions includes the requirement to remove tables and chairs from the road space used for the outdoor area by 10pm each night.


The council wrote to the owner in June informing her that it would not consent to the use of the dining pods on Park Road and followed this up with an enforcement notice.

Eusebi's Deli has now secured an interim order - as part of the Judicial Review process - to prevent the enforcement action and the council agreed to allow the structures to remain in place until July 23, while the legal challenge is progressing.

READ MORE: Owner of Eusebi's Deli pauses use of outdoor dining pods 

The council could still remove the pods but must give the owner three days notice.


Ms Eusebi has said she acted in have in "good faith" following the relaxation of Scottish Government planning laws to support the recovery of the hospitality industry.

She said: "We wanted to give people a really nice dining space to come back to. Although you are outdoors in, the fresh air still comes in."

The judicial review is said to be a the preliminary stage and a decision has not yet been taken by the courts as to whether the case will be taken forward. If it proceeds, it could take months before there is an outcome.

The council say other applications for outdoor areas had been rejected because of the risk of noise nuisance to neighbouring properties.

A council source said: "The owners seem determined to cut their nose off to spite their face.

"They could have been trading outside in that space with tables and chairs but seem determined to go down the route of a legal challenge with little hope of success.”

READ MORE: What's the best restaurant in Scotland? Actor Jack Lowden reveals his favourite spot 

Eusebi's has permission to use the downstairs restaurant space but has opted not to for safety reasons, saying the space is not well ventillated.


The council said previously it had received a "substantial number of representations" from residents, organisations and other representatives from the local community, "which raised serious concerns which we could not ignore".

Ms Eusebi believes resident concerns may have centred on a mistaken belief that the structures were permanent.

She said: "The council issued guidance in July 2020 which encouraged the use of structures to shield customers from the Glasgow weather, during these temporary arrangements.

“Despite the public speculation, the erection of temporary, sustainable, outdoor dining structures outside our premises on Park Road was therefore not rogue, and was motivated in good faith based on all of these documents and guidance, to offer a safe and enjoyable space for our customers to dine with us.

"In the eight weeks throughout this ongoing ordeal, no one from Glasgow City Council, not one councillor, despite many letters, calls and appeals for dialogue, has engaged in any conversation with us directly."

READ MORE: Hotel group recruiting 680 staff for 'staycation' season

A council spokesman said: “The decision to refuse permission for Eusebi Deli to site their structures on the road is now subject to a legal challenge.

“As part of this challenge, the structures will remain in place for at a temporary period at least and we retain the right to seek enforcement of their removal at a later date

“It has been made clear to Eusebi that they have permission to place tables and chairs outside their premises so long as they comply with the standard conditions that apply to all of the city’s outdoor hospitality areas.”