Douglas Council has attacked ’social media sensationalism’ in the row over the closure of the Rover’s Return outdoor seating area.

An internal note circulated to all councillors, which officers say is designed ’to enable members to respond to constituents’, sets out the details behind the serving of a notice on landlord Guy Armstrong-Rossiter.

Councillor Stephen Pitts told the Manx Independent: ’It’s a timeline of the events. It’s putting the other side of the story and I think the public has a right to know the other side of the story.’

In the note, officers say they have ’worked tirelessly’ to resolve the issue since early 2017, encouraging the pub to submit a pavement cafe licence application so it could operate legally.

Notice was first served in late 2017, and a ’very inadequate’ application was made. Officers say that after further meetings and correspondence ’an adequate and complete’ application was submitted in late 2018, after a site meeting with the corporation’s chief executive.

’All the while,’ states the note, ’the establishment continued to operate its current arrangement in contravention of the Highways Act. The actual granting of the licence did not occur until January 2020 due to the number of queries and issues that needed to be resolved.

’Throughout this time the establishment maintained the seating they always had and officers repeatedly asked them to begin to change their arrangement in order to comply with their licence application. This was very much before any implication of Covid.’

Officers acknowledge that progress on the approved scheme was affected by Covid, and state the outstanding matters were not pursued by the corporation until after lockdowns had finished.

The note continues: ’Despite many promises by the establishment no progress has been made. Officers have met and corresponded with the establishment on several occasions and an offer was made for the conditions to be applied in phases affordable to the establishment.

’Despite assurances, no progress has been made. In mid-May therefore the establishment was advised that the cafe licence was likely to be rescinded and that if furniture was not removed from the highway an obstruction notice would be served.

’To do otherwise would put the council in a very difficult position as it would be enabling an offence to be committed and given the time it had taken to get to this point was putting the council at risk for not following its own policy.’

Officers ’fully support and encourage’ outdoor seating but say it has to be correct. In this case, the corporation says the seating interfered with a fire escape from the town hall and feedback had been received from the Manx Blind Welfare Society that it represented a hazard for visually impaired pedestrians. Another issue was smoke entering the town hall from people smoking immediately outside.

Officers say serving a notice is very much a last resort but it was not ’sprung upon’ the landlord. The note adds: ’The establishment was aware the notice was coming some five weeks before it was issued so the social media sensationalism was unjust.’

Officers acted without the knowledge of councillors because ’it would not be usual’ to consult with members when council policy is being implemented.

The note concludes: ’Officers would be more than happy to meet with the establishment again, to agree a phasing approach of the conditions. However, the establishment must make good on its promises and commitments which to date it has failed to do.’