The City of London Corporation (CoL) will issue possession proceedings against Patrick Matthews and Emma Fernandez who run the Parliament Hill Lido cafe, Queen’s Park cafe, and the Pavilion in Highgate Wood under their Hoxton Beach brand.
The move follows a legal challenge brought by Hoxton Beach claiming the process of remarketing the leases was unfair.
Queen’s Park cafe is one of three run by Hoxton Beach whose tenancies are the subject of a bid for judicial review. (Image: Hoxton Beach)
Now CoL is applying to the county court saying Hoxton Beach’s “illegal occupation” of the cafes has delayed fit-outs and long term investment in the buildings by the successful bidders.
The authority say as sole trustee of the charities which run Hampstead Heath, Highgate Wood and Queen’s Park, it has been left with no option but to take lawful steps to protect their property.
CoL has repeatedly insisted the process, which saw four cafes across the open spaces handed to Aussie-inspired cafe chain Daisy Green last December, was open and lawful.
Highgate Wood Pavilion is due to be taken over by Golders Hill Park cafe operator Cosmin Stuparu but it was thought the handovers would be on hold while the High Court ruled on Hoxton Beach’s application for judicial review.
Patrick Matthews (second from right) with his wife Emma Fernandez holding daughter Esmee with cafe staff members outside the Parliament Hill Lido Cafe (Image: Stefan Simanowitz)
Chair of the City of London Corporation’s Hampstead Heath, Highgate Wood and Queen’s Park Committee, Alderman Gregory Jones KC, said it gave formal notice to Hoxton Beach to end their tenancies on February 2 and there was a legal requirement to vacate the cafes.
“Hoxton Beach was given ample notice and clear expectations about the nature of their tenancy at will, and the entire remarketing process,” he said.
“Their decision not to cooperate and vacate the cafes by the advised date has delayed improvements for visitors and disrupted an open, lawful process, designed to secure long-term investment in these facilities.
“It is regrettable that so much time and charitable resource has been diverted into legal action. Every pound spent on legal disputes is a pound that cannot be spent on picking litter, maintaining facilities, conserving nature, and funding the Hampstead Heath Constabulary.
“Despite all this, Daisy Green has continued to act constructively – engaging positively with the other café operators, retaining existing staff, and promising to keep menu favourites.
“It has also prevented Cosmin Stuparu from taking up his position at Highgate Wood, which has affected his business planning and created a knock-on effect for Daisy Green’s ability to open at Golders Hill Park.”
Mr Matthews criticised the decision to evict before judicial review proceedings were complete.
“We sense the City know they have lost the argument and public confidence.
“We think the City should put energy into its legal duty of candour, releasing requested documents and shedding more light on its highly opaque decision making processes.”
Hoxton Beach say the decision to hand four cafes to a chain such as Daisy Green went against the wishes of the 25,000 people who signed its petition.
They also claim CoL failed in its legal duty to carry out public consultation on the future of the cafes.
Mr Matthews added: “Under our stewardship the cafes have become affordable community hubs appreciated by tens of thousands of customers. We believe our bid setting out our record should have gone before the decision making committee.”
