A Frome restaurant has been given a formal warning by police over social distancing after its events attracted up to 200 people in a nearby car park.

Hesperian Fish, which is based on Station Approach, held a number of events over the summer alongside neighbouring food outlet Rye Bakery.

Police officers visited the premises in August, putting their concerns to Hesperian’s owner Angus Hillary and serving him a formal warning in writing.

Mr Hillary said he had adequate safety measures in place for both special events and regular diners.

Details of the warning were made public by police officers at a Mendip District Council licensing sub-committee meeting on Friday (September 25).

Somerset County Gazette: Mendip District Council Hq In Shepton Mallet. CREDIT: Google Maps. Free for use for all BBC wire partnersMendip District Council Hq In Shepton Mallet. CREDIT: Google Maps. Free for use for all BBC wire partners

Rachel Clark, neighbourhood sergeant for Frome and Shepton Mallet, said Hesperian had held licensed events on Fridays over the summer in conjunction with Rye Bakery, using temporary event notices (known as TENs).

She said: “By their own admission, these events have attracted 150-200 people – these Friday nights have been very popular, due to Covid with the outside seating and the affordability.

“But it must be noted that this outdoor space that they’ve been using is a car park.

“Throughout the summer my neighbourhood team has been stopped and concerns have been raised with them, with regards to the number of people attending and the lack of social distancing.

“There has been no distinguishable social distancing and segregation between the two premises when they’ve operated on these Friday nights.”

Ms Clark said members of the police’s licensing team visited the Hesperian restaurant on August 21, putting their concerns to owner Angus Hillary in person.

The police subsequently served him a formal warning in writing for occasions when he had held events without a temporary event notice being in place.

Speaking on Friday (September 25), Mr Hillary described this as “a genuine mistake” and said he had measures in place to keep his customers safe.

He stating: “I have not recalled any conversation taking place about social distancing being an issue. Our tables were all completely separated within bubbles. We had two metres behind each person at the bar.

“We had two police officers come three weeks before Rachel and her colleagues did. They were there for some time and they saw actually no issue whatsoever – apart from people enjoying for the first time in seven months the ability to eat good food, drink some drink and be in a social environment.”

Mr Hillary had applied for a full licence to serve alcohol both on and off site, as well as having live or recorded music played during opening hours.

Nicola King, the police’s area licence practitioner, claimed he had made “no previous contact” with the police to check the plans were sound – and said the proposals “contained little detail” about how crime and disorder would be prevented.

She elaborated in her written report: “The application makes mention that they are looking to create a family-friendly atmosphere, but there is little regard given to the protection of children from harm.

“It is also understood that the applicant wishes to sell outside on Friday evenings to tables and chairs that are laid out in the car park area. The plan shows no area which has been set aside, and there is no number of tables and chairs that will be provided.“

Mr Hillary replied: “We have put in place working and up-to-date CCTV equipment, we have a Challenge 25 policy and procedures, we have safeguarding for children policies and procedures.”

The sub-committee voted to grant the licence following a short adjournment – with the proviso that Mr Hillary provided more information about the layout of any outdoor seating area.

Alcohol can now be sold between noon and 9pm every day (extending to 11pm on Fridays and Saturdays), for consumption on the premises (within the restaurant) and off the premises for takeaway orders or purchases from the fishmonger part of the site.

Live music can be played only on Fridays between 5pm and 9pm, with recorded music being allowed on the same day until 10pm.