Did Subway go under the law?

From the archive, first published Saturday 14th Oct 2006.

Planning chiefs at Oxford City Council will investigate the legality of two Subway restaurants in east Oxford.

They will look into claims that the popular sandwich chain is flouting the area's tough planning laws.

A decision will have to be made on whether the newly-opened outlets are classified under planning law as shops - known as A1 use - or restaurants - referred to as A3 use.

The number of A3 premises in east Oxford is restricted to avoid destroying the character and diversity of shopping streets like Cowley Road.

Both Subway restaurants - in St Clement's and Cowley Road - have opened up in former A1 premises.

But they sell hot food and have tables and chairs on the premises - two of the criteria used to determine the distinction between A1 and A3.

Shops are allowed to sell food, but typically this is cold food eaten off the premises.

St Clement's city councillor Craig Simmons, who has referred the case to the Town Hall's planning department, said: "The law must apply equally to all.

"Large multinational companies, such as Subway, should not be allowed to just set up anywhere simply by virtue of their size.

"And if they are in the wrong, the city council should stand up to them and defend the interests of the local community who want to see the vitality of local shopping streets retained."

Subway is one of the most recognised brands in the world, selling filled rolls - or subs.

Fred DeLuca founded the chain in Connecticut, US, in 1965 and the company has since grown into a multi-billion pound business.

It has more than 25,000 outlets in over 80 countries.

Subway aims to increase the number of outlets in the UK and Ireland to over 2,010 stores by 2010.

Earlier this year, the company was named the number one franchise opportunity in Entrepreneur magazine's 'Franchise 500' rankings.

Subway spokesman Hitesh Patel said: "The vast majority of stores are classified as A1, since the majority of our business deals in off-premise retail.

"As a consequence, we are of the informed belief that the A1 usage classification at our Oxford stores is correct.

"Through its franchises, the Subway chain always endeavours to work closely with the local communities and councils in the areas it trades in."

A spokesman for Oxford City Council says action may be taken against the outlets if they are found to be breaking the planning rules.

He said: "The planning officers have to decide whether there has been a change in premises use from a shop to a caf.

"Depending on the outcome of this decision, they may issue a planning enforcement notice, but as yet no decision has been made."